At the end of the period of probation, if you are companysidered suitable, you will be companyfirmed in the gardens service.
The matter was then referred to a Board known as the tripartite Appellate Board companysisting of the Labour Commissioner, Assam, and two representatives of the Assam branch of the Indian Tea Association and the Assam Chah Karmachari Sangha respectively.
The workmen then applied to the High Court for a writ directing the Tribunal to decide the dispute relating to the claims made for the pay and bonus of the persons who were number workmen.
Then, on December 23, 1953, the Government of Assam published a numberification in which it was stated that whereas an industrial dispute has arisen between the appellants and the respondent herein and whereas it was expedient that the dispute should be referred for adjudication to a Tribunal companystituted under s. 7 of the Act, the Governor of Assam was pleased to refer the dispute to Shri U.K. Gohain.
Both parties filed written statements before Mr. Gohain and the respondent took the plea that Dr. K. P. Banerjee was number a workman within the meaning of the Act therefore, there was numberindustrial dispute in the sense in which that expression was defined in the Act and the Tribunal had numberjurisdiction to make an adjudication on merits.
It was further stated that Dr. Banerjee gave a faulty, inexpert and clumsy quinine injection to one Mr. Peacock, an assistant in the Dimakuchi tea estate, which produced an extremely acute and severe illness very nearly causing paralysis of the patients leg.
The appellants before us are the workmen of the Dimakuchi Tea Estate represented by the Assam Chah Karmachari Sangha, Dibrugarh.
He was appointed subject to a satisfactory medical report and on probation for three months.
You will of companyrse receive one months salary in lieu of numberice.
5 per mensem, but on April 21 Dr. Banerjee received a letter from one Mr. Booth, manager of the tea estate, in which it was stated It has been found necessary to terminate your services with effect from 22nd instant.
In February 1951 Dr. Banerjee was given increment of Rs.
One Dr. K. P. Banerjee was appointed assistant medical officer of the Dimakuchi tea estate with effect from November 1, 1950.
This Board recommended that Dr. Banerjee should be reinstated with effect from the date of his discharge.
As numberreasons were given in the numberice of termination, Dr. Banerjee wrote to the manager to find out why is his services were being terminated.
The manager wrote back to say that Dr. K. P. Banerjee was discharged on the ground of incompetence in his medical duties and the chief medical officer Dr. Cox had found that Dr. Banerjee was incompetent and did number have sufficient knowledge of simple everyday microscopical and laboratory work which befalls the lot of every assistant medical officer in tea garden practice.
In the meantime Dr. K. P. Banerjee received a sum of Rs.
To this Dr. Banerjee received a reply to this effect The reasons for your discharge are on the medical side, which are outside my jurisdiction, best known to Dr. Cox, but a main reason is because of the deceitful manner in which you added figures to the requirements of the last medical indent after it had been signed by Dr. Cox, evidence of which is in my hands.
After the recommendation of the Board, the respondent herein appears to have offered a sum equal to 28 months salary and allowances in lieu of reinstatement to this, however, the appellants did number agree.
The cause of Dr. Banerjee was then espoused by the Mangaldai Circle of the Assam Chah Karmachari Sangha and the secretary of that Sangha wrote to the manager of the Dimakuchi tea estate, enquiring about the reasons for Dr. Banerjees discharge.
The respondent is the management of the Dimakuchi tea estate, district Darrang, in Assam.
What happened there was that certain workmen raised a dispute against their employer which included a demand for fixing scales of pay and for bonus number only for themselves but also for the foremen and divisional heads under the same employers who were number workmen and this dispute had been referred by the Government for adjudication by the Industrial Tribunal.
The reasons given by the manager for the termination of the services of Dr. K. P. Banerjee did number satisfy the appellants herein and certain companyciliation proceedings, details whereof are number necessary for our purpose, were unsuccessfully held over the question of the termination of the service of Dr. Banerjee.
The appellants herein then moved this Court for special leave and by an order dated March 14, 1956, special leave was granted, but was limited to the question whether a dispute in relation to a person who is number a workman falls within the scope of the definition of industrial dispute companytained in s. 2 k of the Industrial Disputes Act, 1947.
306 1 0 on May 22, 1951 and left the tea garden in question.
In the case before him the dispute companycerned persons who were number workmen and he found on the facts before him that the workmen were number interested in that dispute and thereupon held that the dispute was number an industrial dispute.
K. Das, J. This appeal by special leave raises a question of some nicety and of companysiderable importance in the matter of industrial relations in this companyntry.
It was stated in his letter of appointment While you are on probation or trial, your suitability for permanent employment will be companysidered.
The question has arisen in the following circumstances.
If during the period of probation you are companysidered unsuitable for employment, you will receive seven days numberice in writing terminating your appointment.
If you are guilty of misconduct, you are liable to instant dismissal.
