Alok Kumar Basu, J - (1.) . - This appeal has been assigned to this Bench pursuant to an order recorded by the Hon'ble Supreme Court in connection with SLP (C)/1067 of 2000 whereby the Hon'ble Court was pleased to set aside the judgment and order of an earlier Division Bench passed in connection with the present appeal and the Hon'ble Court while sending back the appeal for fresh disposal granted leave to the parties to urge all points available under law in support of their respective cases.
(2.) Shri Ajit Kr. Mukherjee, respondent no.1 of the present appeal was a clerk in M/s Shaw Wallace & Co. Ltd. since 1948 and subsequently his service was placed at the disposal of M/s Tinplate Company of India Ltd., the present appellant, in 1973 and thereafter Shri Mukherjee was promoted as junior executive in the said company for a period of three years by an order dated 21.1.1976 with effect from 1.4.1976. On 31.1.1978, the company served a termination notice upon Shri Mukherjee and he was given three months salary in lieu of notice before termination.
(3.) Shri Mukherjee raised a dispute over his alleged illegal termination under Section 10(2) of the Industrial Disputes Act, 1947 and the matter was referred to the First Industrial Tribunal for adjudication with the issue as to whether the termination of service of Shri Mukherjee was justified and to what relief he was entitled. The Industrial Tribunal after considering both oral and documentary evidence adduced by Shri Mukherjee and by the company ultimately passed its award on 21-5-1986 which was published on 12.10.1987 and in the said award it was held status of Shri Mukherjee was 'workman' under Section 2 (S) of the Industrial Disputes Act and the termination of service of Shri Mukherjee was declared illegal being in violation of the mandatory requirement of Section 25(F) of the Act and the Tribunal ultimately directed for payment of back wages and other benefits of Shri Mukheriee till the expiry of his period of contract.;