- (1.) The respondent no. 1 was a contractual employee. He was posted in the Sales Depot at Esplanade drawing a monthly remuneration of Rs. 2,850/-. The authority, by a letter dated August 06, 2003, terminated his service due to his long absence. He challenged the order of termination that the learned Judge allowed vide judgment and order dated August 06, 2013 appearing at page 121-122 of the paper book.
(2.) We heard this matter on the last occasion when Mr. Banerjee appearing for the appellants, would seek an accommodation to take further instruction in the matter. Today, he would hand over a written instruction wherefrom we find, he was removed for a different reason. The relevant extract of the written communication is quoted below : "On going through the available office records it appears that the service of Sri Tarun Kanti Mondal had been terminated due to stock shortage at the showrooms where he had been posted as Showroom-in-charge. It appears from office records that an FIR had been lodged against him on behalf of PBRSSM Ltd at the Hare Street P.S. vide Ref. No. 415/P-13 (C-3)/2006- 07 dated 7.2.2007."
(3.) From the paragraph quoted supra, we find, there was serious allegation of theft against him for which an FIR was lodged by the appellants with the police station. Hence, we cannot ignore such fact and accept the argument of the appellants, it was a plain and simple termination of a contractual employee.;