RATNESWAR BOSE Vs. NATIONAL INSTRUMENT LIMITED
LAWS(CAL)-1995-9-41
HIGH COURT OF CALCUTTA
Decided on September 12,1995

Ratneswar Bose Appellant
VERSUS
National Instrument Limited Respondents


Referred Judgements :-

BOOTS PURE DRUG CO. (I) V/S. K.C. BESTOUM [REFERRED TO]
MR. MUKUL MITRA V/S. UNION OF INDIA [REFERRED TO]
JAWAHARLAL NEHRU UNIVERSITY V/S. DR. K.S. JAWATKA [REFERRED TO]
L.N. MITHILA UNIVERSITY V/S. DAYS CHAND JHA [REFERRED TO]
UNION OF INDIA V/S. S.L. ABBAS [REFERRED TO]
KUNDAN SUGAR MILLS VS. ZIYAUDDIN [REFERRED TO]
E P ROYAPPA VS. STATE OF TAMIL NADU [REFERRED TO]
MOHINDER SINGH GILL VS. CHIEF ELECTION COMMISSIONER NEW DELHI [REFERRED TO]
N C SINGHAL VS. UNION OF INDIA [REFERRED TO]
SHANTI KUMARI VS. REGIONAL DEPUTY DIRECTOR HEALTH SERVICES PATNA DIVISION PATNA [REFERRED TO]
GUJARAT ELECTRICITY BOARD VS. ATMARAM SUNGOMAL POSHANI [REFERRED TO]
SHILPI BOSE VS. STATE OF BIHAR [REFERRED TO]
RAJENDRAROY VS. UNION OF INDIA [REFERRED TO]
CHIEF GENERAL MANAGER TELECOM N E TELECOM CIRCLE VS. RAJENDRACH BHATTACHARJEE [REFERRED TO]
STATE OF WEST BENGAL VS. HIRENDRA NATH BANERJEE [REFERRED TO]


JUDGEMENT

A.K. Dutta, J. - (1.)By this writ application under Article 226 of the Constitution of India the writ Petitioner Ratneswar Bose (hereinafter referred to as Petitioner) has prayed the Court for issue of a writ of or in the nature of Mandamus commending the Respondents to forthwith revoke, cancel, withdraw and/or rescind the office order No. 100 dated November 17, 1994 issued by the Respondent No. 3 and to act in accordance with law, along with the other reliefs prayed for therein, for the .reasons stated and on the grounds made out therein.
(2.)The Petitioner was appointed as a skilled 'C worker in the Thermomotor Unit of the Respondent No. 1 National Instruments Limited (hereinafter referred to as Company) in the year 1964. After successful completion of his training he was confirmed in the post of worker. Since 1969 he has been working as Optical Worker in the factory of the said Company, situated at Jadavpur in Calcutta. The said company has only one factory at Jadavpur and five regional Sales Offices at Madras. Hyderabad, Bombay, New Delhi and Bhubaneswar.
(3.)As an Optical Worker, he (Petitioner) does the job of manufacturing various finished products which are manufactured in the aforesaid factory of the Company at Jadavpur, Calcutta. An Optical Worker is not a Mechanic and is neither engaged in the work of repair or servicing of any instrument of finished product. Besides Optical Worker, there are other staff who are appointed for the purpose of selling finished products of the Company. And, in the sales department there are posts of Sales Supervisor, Salesman, Sales Assistant and also Repair Mechanics. As an Optional Worker the Petitioner is engaged in the factory for manufacturing of goods; and an Optical Worker has to operate different machines for doing such job. The said machines are installed only in the Factory, and not in any Regional Sales Office.
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