The main legal point established in the judgment is the entitlement of a workman to reinstatement with full back wages under the Industrial Disputes Act, 1947, in cases of refusal of employment by the employer.

JUDGMENT :

Raja Basu Chowdhury, J.

1. The aforesaid writ petitions concern both challenge and implementation of the award dated 19th November, 2019 passed by the Learned 7th Industrial Tribunal, Kolkata in case no. 12 of 2012.

2. One, Bhaskar Ghosh (hereinafter referred to as the “workman”) had joined the services of the West Bengal Surface Transport Corporation (hereinafter referred to as the “Corporation”) as a driver vide letter of appointment dated 27th November, 2001. The appointment of the workman was confirmed by letter dated 21st December, 2002 and according to the said workman, he continued in service till 6th March, 2003.

3. Incidentally, on 6th March, 2003 at about 6.15 p.m. the workman, while driving a bus owned/managed by the Corporation met with a road accident with a private car (TATA Sumo) near the traffic signal of Belvedere Road, Alipore, adjacent to a Maruti Showroom. The accident ultimately, resulted in the death of an on-duty traffic constable of Kolkata Police. A criminal case was started against the workman and on 8th March, 2003, a traffic officer of the Corporation took custody of the driving license from the workman and had submitted the same before the Lal Bazar Fatal Squad of Traffic Police. Subsequently, the Corporation had issued a show cause notice calling upon the said workman to explain why an enquiry shall not be initiated against him on the following grounds:

a) that he intentionally did not inform the Corporation about the said incident which occurred on 6th March 2003 and continued to act as a driver of the respondent no. 3.

b) that he refused to join the duty in spite of instruction in this regard and thereby he committed misconduct of dereliction of duty.

4. By a letter dated 23rd July, 2003, the workman replied to the show cause notice denying all material allegations brought against him enclosing therewith the letter dated 21st July, 2003 addressed to the Labour Commissioner, requesting for conciliation and settlement of the matter in dispute. It appears that both the workman as also the Corporation had appeared before the Labour Commissioner. The matter, however, could not be settled. Following the aforesaid, a charge sheet was issued against the workman on 16th February, 2009 which was also replied to by the workman on 18th March, 2009 with a request to the management not to proceed with the disciplinary proceeding until disposal of the conciliation proceeding. In the interregnum, the workman was acquitted in the criminal proceeding initiated against him by the Learned Judicial Magistrate, 7th Court at Alipore, South 24 Parganas, arising out of the accident which occurred on 6th March, 2003.

5. Records reveal that a further charge sheet dated 3rd September, 2010 was again issued which was also promptly responded to by the workman. Subsequently, however, on the basis of a certificate issued by the Labour Commissioner, as regards pendency of the conciliation proceeding, an application under Section 10(1B)(d) of the Industrial Disputes Act, 1947 (hereinafter referred to as the “said Act”) was filed by the workman on 23rd February, 2012, complaining refusal of employment by the Corporation with effect from 15th May, 2003, before the Learned 7th Industrial Tribunal, Kolkata. The same was registered as case no. 12 of 2012.

6. The Corporation duly participated and contested the said proceeding by filing written statement. The said proceeding ultimately culminated in an award dated 19th November, 2019, whereby, the Learned Tribunal was, inter alia, pleased to hold that the workman had been able to prove his case and as such, is entitled to get an order of reinstatement in service with full back wages with effect from the date of termination of service by way of refusal of employment, i.e. on and from 15th May, 2003 and all consequential benefits, if any, accrued thereon.

7. While, the writ petition being WPA 15698 of 2021 has been filed challenging the aforesaid award, the writ petition being WPA 8023