Bhaskar Bhattacharya, J. - (1.)By this writ application, the writ petitioner has challenged the order of discharge issued the employer dated Oct. 24, 2002 being Memo No. T/BUS-CD-14.
(2.)The petitioner alleges that he was appointed as a Casual Bus Driver and he had been continuously working. In the past, the petitioner along with some other casual drivers filed a writ petition being W.P. No. 5291 (W) of 2003 before this Court where on April 24, 2002, Ansari, J. had passed an interim order protecting the service of the petitioner till disposal of the said writ application.
(3.)The petitioner states that from Oct. 6, 2002 the petitioner became ill and was totally confined to bed as per advice of the local doctor. As the petitioner had no man-power, he could not even inform the employer regarding his illness. According to the petitioner, from Oct. 28, 2002, the petitioner became fit and went to Rajabazar depot to join his duty with medical certificate but the same was not accepted and the petitioner was not allowed to join his duty. On the other hand, the petitioner was verbally asked to see respondent No. 4 for bringing resumption order. However, respondent No. 4 did not allow resumption of his duty.
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