RAVI R.TRIPATHI - (1.) The Court issued rule on 22.1.2001 and the same is served to the respondent workman on 8.2.2001, but he has not chosen to remain present before the Court, nor had he got himself represented through an advocate.
(2.) This petition is filed by Swastik Textile Engineers Pvt. Limited against an order passed by the Assistant Commissioner of Labour, Ahmedabad Division dated 25.9.2000 making a reference, a copy of which is produced at Annexure 'I' to the petition, whereby the dispute mentioned in the schedule is referred for adjudication to the Labour Court, which reads as under: "As to whether R. Bharatirajan is required to be reinstated on his original post with full back wages?"
(3.) The facts giving rise to the present petition are that the workman, respondent no.2 herein had joined services of the petitioner company as erector on 9.2.1994. Said workman resigned from the services for the reasons stated in his resignation letter dated 23.6.1994, Annexure 'A'. It is the case of the management that pursuant to that letter, the respondent workman was paid his dues on the next date, i.e. 24.6.1994 and the resignation was accepted. However, the respondent workman once again applied on 31.12.1994 for reemployment. A copy of the application dated 31.12.1994 is produced at Annexure 'B' to the petition. The petitioner management gave him reemployment with effect from 1.1.1995. Thereafter, respondent workman applied for medical leave for a period of one week from 25.5.1996 to 31.5.1996, a copy of which is produced at Annexure 'C' to the petition. The respondent workman did not report for duty on expiry of said leave period. Therefore, the management addressed a letter dated 8.6.1996 by Registered Post A.D. (Ack. Due) and the same was received by the workman on 12.6.1996, a copy of which is at Annexure 'D' to the petition. However, the respondent workman did not report for duty. The management addressed yet another letter dated 17.6.1996 by Registered Post Ack. Due, which was received by him on 22.6.1996, but he still did not report for duty.;