- (1.) The appellant has assailed the judgement and order dated 23.08.2012 passed by the learned Single Judge dismissing the writ petition challenging the award dated 26th October, 2010 passed by the learned Judge, 8 th Industrial Tribunal,West Bengal. It appears that a reference in respect of industrial dispute being case No VIII-36-04 was made by the Government of West Bengal on the following issues : 1) Whether the claim of the order of reference for determination are wrongfully terminated by the Management of M/s. Kesoram Industries Ltd. w.e.f. 17.01.2002 by way of obtaining his resignation by force, is justified ? 2) Whatrelief, if any, is the workman entitled to ?
(2.) The respondent was employed at M/s. Kesoram Industries Ltd. as a steno- typist as per appointment letter dated 16.03.1998. He claimed that he never tendered any resignation before his employer, namely, M/s. Kesoram Industries Ltd. He further alleged that his purported resignation was forcefully obtained on a piece of paper at the instance of one Pradip Sarkar. His service was terminated on the basis of such purported resignation with effectfrom 17.01.2002.
(3.) The respondent employee deposed before the Industrial Tribunal and exhibited number of documents, including a General Diary, lodged with Hare Street Police Station on the self-same date on which he was forcefully made to write the aforesaid resignation letter.;