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RAJA BASU CHOWDHURY
Canon Electronics Systems – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. The instant writ petition has been filed, inter-alia, challenging the award dated 21st July, 1988 passed by the learned First Industrial Tribunal, West Bengal.
2. Shorn of unnecessary details, the facts are that one Mr. Basudeb Basak was an employee of the writ petitioner (hereinafter referred to as the “workman”). The factum of appointment of the workman with the petitioner would corroborate from the letter of appointment dated 16th September, 1991. Subsequently, the petitioner by issuing a letter of confirmation dated 1st December, 1991, confirmed the services of the workman. Incidentally, by a communication in writing dated 3rd October, 1992 the petitioner informed the workman that he had been able to achieve business of Rs. 285 in the month of September, 1992 and his deficiency has crossed over Rs. 60000. It was further observed in such communication that in the event the said workman fails to cover up the total deficiency there shall be no alternative but to discontinue him from the service of the organisation.
3. Later in the year 1993, since, the said workman was kept idle, the respondent no. 3 alleging unfair labour practice by a communicat
The main legal point established in the judgment is that when a party has notice of the proceeding, the Tribunal is not obliged to issue any further notice or show cause prior to passing an ex-parte ....
Point of law : Supreme Court categorically observed that test that has to be applied is whether defendant honestly and sincerely intended to remain present when the suit was called on for hearing and....
The court emphasized the necessity of proper notice in proceedings, ruling that failure to serve notice justifies setting aside an ex-parte award.
The absence of disciplinary procedure prior to termination violated natural justice, but evidence indicated the employee abandoned his service, justifying the writ application to set aside the tribun....
The management's failure to appear and contest the case justified the ex-parte Award for reinstatement of the workman with back wages, as per the Industrial Disputes Act.
The main legal point established in the judgment is that in cases of wrongful termination of service, the employee must prove non-employment to claim back wages, and the employer has the burden to di....
An employee who is refused employment without any cause is entitled to reinstatement and back wages.
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