SHAMPA DUTT (PAUL) ,J. - (1.)The present writ application has been preferred against the impugned award dtd. 27/9/2023 passed by the Central Government Industrial Tribunal cum Labour Court, Asansol in Reference No.19 of 2008.
(2.)The said Rajmohan Rajbhar was declared a delinquent employee who did not appear for hearing in the enquiry in spite of notice for his unauthorised absence to answer the charge framed against him and finally was terminated vide a letter dtd. 13/12/2005 as no reply was received even to the second show cause notice dtd. 15/11/2005.
(3.)Subsequently, by a letter dtd. 28/1/2006 the respondent no.5 informed the petitioner that the said Raj Mohan Rajbhar died on 5/11/2005 and claimed for compassionate employment. Within 10 (ten) days of the issuance of the letter dtd. 28/1/2006 claiming for employment by the respondent no.5, a purported industrial dispute was raised by the respondent no.4 before the respondent no.3 on 7/2/2006 whereupon conciliation proceedings were initiated.