R D SAXENA Vs. STATE INDUSTRIAL COURT M P INDORE
LAWS(MPH)-1980-8-35
HIGH COURT OF MADHYA PRADESH
Decided on August 19,1980

R D SAXENA Appellant
VERSUS
STATE INDUSTRIAL COURT M P INDORE Respondents




JUDGEMENT

- (1.)THIS is a petition filed by the petitioner, who was employed as Upper Division Clerk in the Cost Accounts Section of, the Accounts department of the Bharat Heavy Electricals Limited, Bhopal-respondent No. 3.
(2.)ON 27th April, 1965, an order was issued transferring the petitioner from Accounts Department, Bhopal to the Liaison and Purchase Officer at bombay. The petitioner protested against the aforesaid transfer, and ultimately by order dated 23-8-65 his services were terminated on the ground that he remained absent for more than 30 days. In substance, treating the petitioner to have abandoned his service, this order was passed under standing Orders.
(3.)BEFORE these orders of termination were passed, the petitioner had filed an application before the Labour Court, Bhopal under section 31 (3) of the Madhya Pradesh Industrial Relations Act challenging the order of transfer. But later, when his services were terminated, this application was amended and the order of termination was also challenged. In this application submitted by the petitioner, the Labour Court by its order dated 11-9-68 held that the termination was legal and proper and the same was maintained by the Industrial Court holding that it was an order under Standing Order No. 42 (10 ). A revision petition was also filed by the petitioner which was also dismissed in motion hearing by order dated 31-3-1971.


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