JUDGMENT

S.B. Sinha, J.-The workman is in appeal before us being aggrieved by and dissatisfied with the judgment and order dated 13.10.2000 passed by the Division Bench of the High Court of Calcutta in Appeal No. 434 of 1996.

2. The case at hand has a chequered history. The appellant herein was appointed in the post of Messenger-cum-Bearer in the establishment of the respondent herein, a Cinema House, on 31.3.1978. He was subsequently confirmed on the said post. A disciplinary proceeding was initiated against him wherein he was found guilty, whereupon he was dismissed from services. The said order of dismissal was the subject-matter of an industrial dispute. The Industrial Tribunal by reason of an award set aside the said order of dismissal with full back-wages and compensation. On or about 1.5.1991, the appellant was permitted to join his duties but back-wages were not paid. He was, however, retrenched from services within one month from his joining i.e. 30.5.1991. A sum of Rs. 9,030/- was paid as retrenchment compensation which the appellant is said to have received under protest. A trade union known as Bengal Motion Pictures Employees Union took up the cause of the Appellant, inte