LAXMAN DURGAJI BORKAR Vs. SUB-DIVISIONAL OFFICER
HIGH COURT OF BOMBAY
Laxman Durgaji Borkar
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B.P. Dharmadhikari, J. -
(1.) The appellant workman questions the judgment delivered by the learned Single Judge on 14-08-2009 in Writ Petition No.3591 of 1997, whereby award delivered by 2nd Labour Court, Nagpur dated 18-08-1997 in Reference (IDA) No. 77 of 1991 has been set aside. The learned Single Judge has found that the appellant workman had abandoned his services and therefore the contention that his termination was not in accordance with the provisions of Section 25F of the Industrial Disputes Act, 1947 [for short, "ID Act"] was erroneous.
(2.) The 2Nd Labour Court, Nagpur has by an award directed the employer to reinstate him in the post last held and pay full back wages from 23-10-1989 when he approached the Conciliation Officer till his reinstatement.
(3.) Learned Advocate Shri Kalbande for the appellant, invites our attention to the reference as made to urge that the dispute regarding the abandonment was not at all open for adjudication and in any case for such abandonment appropriate order after departmental enquiry was must. He heavily relies upon the findings of the learned Labour Court to show that the employment of the workman and his termination was not in dispute. The oral termination with effect from 20-04-1986 is established and non compliance with the provisions of Section 25F of the ID Act has also come on record. He submits that there is a finding of fact by the Labour Court that case of voluntary abandonment with effect from 07-02-1986 was not at all established.;
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