Dimakuchi

Topics: Appellate court, Appeal, Court Pages: 4 (984 words) Published: April 8, 2014
Workmen Of Dimakuchi Tea Estate V. The Management Of Dimakuchi Tea Estate ... on 4 February, 1958 CITATION: 1958 AIR 353 1958 SCR 1156
WORKMEN OF DIMAKUCHI TEA ESTATE……. PETITIONER:
Vs.
THE MANAGEMENT OF DIMAKUCHITEA ESTATE……. RESPONDENT:
DATE OF JUDGMENT: 04/02/1958
BENCH:
DAS, SUDHI RANJAN (CJ), DAS, S.K., SARKAR, A.K.
FACTS OF THE CASE
Dr. K. P. Banerjee was appointed assistant medical officer of the Dimakuchi tea estate subject to a satisfactory medical report and on probation for three months where his suitability for permanent employment would be considered else would receive seven days' notice in writing terminating his appointment and if he was found guilty of misconduct, he was liable to instant dismissal. He received a letter from the manager of the tea estate stating that his services were terminated but he would receive one month’s salary in lieu of notice.

He was told that the reasons were mainly medical and misrepresenting of the last medical indent. The manager of the Dimakuchi tea estate said that the Chief Medical Officer, Dr. Cox had found that Dr. Banerjee was incompetent without sufficient knowledge. He administered a faulty Quinine injection to one of the assistants working there that almost led to the paralysis of his leg.

There were unsuccessful conciliation proceedings over the same and finally the matter was referred to the tripartite Appellate Board. This Board recommended that Dr. Banerjee should be reinstated with effect from the date of his discharge. In the meantime Dr. K. P. Banerjee received a sum of Rs. 30610 from the respondents and left the tea garden in question.

However the government felt that the case should be referred for adjudication to a Tribunal constituted under Section 7 of the Industrial Disputes Act, 1947. The case referred under Section 10(1) (c) gave rise to two main issues:

· Whether the management of Dimakuchi Tea Estate was justified in dismissing Dr. K. P. Banerjee? · If not, is he...
Continue Reading

Please join StudyMode to read the full document

Become a StudyMode Member

Sign Up - It's Free