- (1.) This Writ Petition, filed by Petitioner, Jamadar Ahmed seeks to challenge the award passed on 15.2.2010 and published on 19.5.2010 (Annexure P-17) whereby and whereunder the II nd Labour Court, Calcutta, considering facts and materials on record and the circumstances of the case was pleased to hold that the workman (Petitioner) had failed to prove his case against the Management (Respondent no. 3) and as such he refused to pass any award in his favour. The Chief point for adjudication before the Labour Court was as to whether the services of the applicant had been terminated by the company with effect from 1.1.2006 in an unjustified manner or whether the applicant had retired from his service on attaining the age of superannuation?
(2.) The relevant facts which have been stated in the Writ Petition are that the Petitioner claims to have been born on 16.6.1952. His claims are on the basis of the School Leaving Certificate issued by the Parisadiya Madhyamik Vidyalaya, Madhupur in the District Siwan (Saran). The Petitioner relies on Annexure P-1 in support of the aforementioned contention.
(3.) On 12.2.1973, the Petitioner joined as a Peon in the St. Mary s Nursing Home (hereinafter referred to as the Nursing Home) and since then, continued working without any break. Subsequently, by a letter dated 30.12.1974, the Secretary of the Nursing Home appointed the Petitioner on permanent basis with effect from 1.1.1975 on the Post of a General Duty Assistant (Office Peon) on a consolidated salary of Rs. 120/- with an annual increment of Rs. 3/- after completion of every year of service. Annexure P-2 is the letter of appointment.;