JUDGMENT :

Biswaroop Chowdhury, J.

1. The appellant before us was a workman before the Industrial Tribunal and respondent no-1 in Writ Application 870 of 2003. This appeal is directed against the Order dated 6th August 2015 passed in the said Writ Application.

2. The case of the appellant may be summed up thus:

1. That the Writ Petitioner/Company is widely known and well reputed concern earning huge profit and growing day by day by the skillful performance and hard labour rendered by its labourer / workmen engaged under it.

2. The Company though a prosperous and flourishing one but unfair and exploitative to its workmen and has little regards to observe the principles and provisions of Industrial laws, specifically those enacted for the welfare of the labourers.

3. The workman/appellant concerned was engaged under the said Company as a driver in the year of 1994, without issuance of any appointment letter. He had to work 14, to 16 hours in a day and even on Sundays and holidays without any extra remuneration and in a very poor emoluments. His name was not enrolled in the attendance register, pay register only to deprive him from all legitimate dues, entitlement, though he drove the car belonging to the company under the instruction and supervision of the company and paid by the company for the said services.

4. The appellant/workman concerned orally protested to stop all such unfair practices, and irregularities, but he had to keep under the threat of throwing out of employment by the company. Inspite of such injustice and ruthless antilabour policy the workmen had all along been working hardly sincerely honestly and left no stone unturned to satisfy his superiors by best of his services throughout the tenure of employment.

5. Inspite of his earnest effort and best services the workman all on a sudden was terminated from his services, by the said company w.e.f. 07.09.97 without assigning any reason and prior notice but only by verbal order. His monthly salary was Rs. 2000/-at that point of time.

6. Under the said circumstances the workman protested against the said illegal and unjustified termination and demanded his immediate re-instatement in service with full back wages along with all consequential benefits by writing a letter dated 20-10-97 addressed to the company and sent the said letter through registered post with acknowledgement, simultaneously forwarding a copy of the said letter to the union of which he is a member, authorizing the union to represent his case.

7. Thereafter when the union came to understand that the company is in no mode to accept the legitimate and justified demands of the workman, the union represented the matter before the Labour Directorate West Bengal vides their representation dated 25-11-97 addressed to the Assistant Labour Commissioner West Bengal New Secretariat Building, 11th floor, Calcutta-700001 and the said office took up the said matter. Md. Zahiruddin, Asstt. Labour Commissioner, initiated the conciliation proceedings and exerted his efforts to settle the dispute inter alia convening joint conferences between the representations of the company and union but his efforts went in vain due to the adamant and non-conciliatory attitude of the company.

8. Under the circumstances the conciliation officer submitted necessary report before the Government and thereafter the matter came up for adjudication before the Learned 4th Industrial Tribunal for adjudication of the issue as framed in the order of reference by the Government.

9. The company has acted in highly illegal unjustified arbitrary and malafide manner to terminate the services of the workman by violating all the provisions of Industrial Law and principles of natural and social justice as well. The workman was issued no charge-sheet nor any domestic enquiry was proceeded with against him before the termination. He was given no notice and/or any monetary benefit prior to the termination. He was simply asked verbally not to come any more for duty