ADMINISTRATOR & MANAGING DIRECTOR Vs. AFZALKHAN
LAWS(BOM)-2017-5-115
HIGH COURT OF BOMBAY
Decided on May 05,2017

Administrator And Managing Director Appellant
VERSUS
Afzalkhan Respondents

JUDGEMENT

P.R.BORA,J. - (1.) Heard. The present petition is filed against the Judgment and Order dated 7th August, 1995 passed by the Labour court, Aurangabad in Complaint (ULP) No.226/1993 which has been confirmed by the Industrial court vide its order dated 11th February, 1998 passed in Revision (ULP) No.68/1995.
(2.) The respondent had filed the aforesaid Complaint before the Labour court challenging the order of termination dated 25th March, 1991 issued by the petitioner. It was the contention of the respondent that he was illegally terminated without following due process of law and without conducting any enquiry against him.
(3.) Whereas, it was the case of the petitioner that the Respondent had unauthorisedly remained absent from duty for a period of more than one year and has indicated his intention of not joining the services again. It was the further contention of the petitioner that the respondent was insisting for taking his son on the establishment of the petitioner on his place by giving him premature retirement. It was the further contention of the petitioner that when the long unauthorized absence was accepted and admitted by the respondent, in fact, there was no need of conducting any enquiry against the respondent. The petitioner had thus justified the order of termination on the aforesaid grounds.;


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