- (1.) In this writ petition, the petitioners challenged an award dated August 29, 2005 passed by the learned Judge, 4th Industrial Tribunal, Kolkata (hereinafter referred to as "the Tribunal") directing the petitioner no. 1 company to absorb, its trainee Prasanta Ghosh (hereinafter referred to as "the trainee".) in regular post as per the training given to him and to give him the grade/scale, accordingly, like other employees.
(2.) The dispute that fell for adjudication before the Tribunal was, whether a trainee can claim to be absorbed in regular employment when he was lawfully engaged and he has rendered continuous service to the employer for 27 years at a monthly salary of Rs. 400/- without any complaint of unsatisfactory service. As stated above, the Tribunal decided the dispute in favour of the trainee.
(3.) The relevant facts giving rise to the reference of the dispute to the Tribunal by the State Government may be briefly stated. On the basis of a service agreement dated May 20, 1978 (wherein the petitioner no. 1 and the trainee was described as "the employer" and "the employee" respectively) the petitioner no. 1 engaged the trainee in its service as a trainee supervisor. The salient terms of the said service agreement referred to by the parties are set out below: (i) The employee shall undergo a training for a period of two years. At the discretion of the employer, the said training period would be reduced or extended and the employee shall be deemed to be under training unless otherwise advised in writing by the employer. (ii) On completion of the said training, the employee will, at the discretion of the employer, be absorbed in the employment of the company. (iii) During the training period the employee shall be paid a monthly stipend of Rs. 350/- and Rs. 400/- consolidated per month during the first and second year respectively subject to staturoty deduction. (iv) In case the employee is absorbed on a regular job, he shall be given a starting salary of Rs. 501/- in the grade of Rs. 501-520-20-700/- both consolidated subject to statutory deduction. (v) The employee shall be entitled to Provident Fund Facility as per the existing Rules of the employer. (vi) In the event of breach on the part of the employee to ensure honest and disciplined conduct on his part to discharge his duties, he may face, termination from service and a claim for damages. (vii) The employee shall deposit a sum of Rs. 2000/- to the employer in cash or alternatively he may deposit Rs. 500/- in cash and furnish of bank guarantee for the balance of Rs. 1500/- as a by way of security for due payment of liquidated damage of Rs. 2000/- to the employer, in case is any breach of any term of the said agreement.;