Sambhu Nath Das v. State of West Bengal & Ors.
Case brief
What is this about?
The High Court dismissed a writ petition challenging a Labour Court award that terminated an employee's service due to resignation. The Court held that since the termination/resignation issue was in pleadings and no cross-challenge was filed regarding the resignation letter's authenticity, the Labour Court’s finding could not be interfered with under Article 226.
What did the court decide?
Writ petition dismissed without any order as to costs.
What the court decided
Form No.J(2)
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
Present:
The Hon’ble Justice Raja Basu Chowdhury
WPA 5762 of 2017
Sambhu Nath Das Versus
The State of West Bengal & Ors.
| For the petitioner | : | Mr. Nayan Rakshit |
|---|---|---|
| Heard on | : | 9thJanuary, 2024 |
| Judgment on | : | 9thJanuary, 2024. |
Raja Basu Chowdhury, J:
- The present writ petition has been filed, inter alia , challenging the award dated 30th November, 2016, passed by the Learned Second Labour Court, West Bengal.
- Brief facts are that the petitioner was employed by the respondent no.3 as a driver in the year 2007. It is also the petitioner’s case that on the basis of a verbal order, the service of the petitioner was suddenly terminated with effect from 4th July, 2009 without assigning any reasons whatsoever. No charge-sheet was issued. No enquiry was conducted. The petitioner was also not offered retrenchment compensation or any other monetary benefit. At
Issues for consideration
3 issues framed by the court
Whether the High Court can interfere with the Labour Court's finding when the petitioner failed to challenge the resignation letter in pleadings.
Whether the Labour Court erred in disbelieving the petitioner's oral evidence regarding the signature on the resignation letter without a pleading foundation.
Whether the Labour Court's award was perverse or based on a gross illegality warranting writ intervention.
Parties & counsel
- petitioner
Sambhu Nath Das
- respondent
The State of West Bengal
Coram
Raja Basu Chowdhury
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · January
- Registered
- Case no.
- WPA/5762/2017
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