Sambuddha Chakrabarti, J. - (1.) The petitioner has challenged an Award, dated December 10, 2009, passed by the learned Judge, 5th Industrial Tribunal, West Bengal, in case no. VIII-15 of 2005. By the said Award, the Tribunal directed the respondent no. 3 herein to be reinstated in service with 50% back wages from April 14, 2003, i.e., the date of his absence till the date of reinstatement.
(2.) The respondent no. 3 was a sales representative and his service was terminated by a letter, dated August 11, 2003. He was also informed that his name had been struck off the rolls of the company. After sending a letter of protest, he raised an industrial dispute over the termination of service before the Labour Commissioner and ultimately the dispute was referred for adjudication to the Tribunal.
(3.) The case of the workman, the respondent no. 3, was that while working as a sales representative of the writ petitioner herein his service was transferred to different places. To attend the annual sales conference in Kolkata to be held from April 10, 2003 he proceeded to Kolkata but could not return to his place of work as he had suddenly fallen ill. He sent intimations to the company from time to time, the company by a letter dated June 16, 2003, threatened the workman to strike off his name from the rolls of the company. When he went to join the office in New Delhi he was not allowed to do so. Before leaving he sent intimation to the company. By a letter dated June 25, 2003, the management asked the workman to report to the Manager, Human Resources in Delhi on July 10, 2003. But the Manager refused to see him on that date. He was asked to report to Mr. Jain who told him to submit his resignation. Finally, by a letter dated August 11, 2003, the company terminated the service of the workman with immediate effect on the assumption that he was not interested to work and he had abandoned the job on his own.;