Decided on August 22,1961

Brooke Bond India Private Ltd. Appellant
Sudhir Ranjan Ghosh Respondents


B.N.BANERJEE, J. - (1.) THE petitioner company has a factory at Hide Road, Kidderpore, Calcutta. Until Ms dismissal, respondent 3, Sheikh Sahid, was a workman under the petitioner, at the said factory.
(2.) THE respondent 2, Brooke Bond Mazdoor Union, is a registered trade union and respondent 3 belongs to that union. The condition of service of respondent 3, under the petitioner company, was governed by the standing orders of the company, duly framed under the Industrial Employment (Standing Orders) Act, 1946. For the purposes of this rule, I need refer to the following clauses of the said standing order, namely: 1 (f) 'Absent' means absence without leave. 18. Absence from work. - -When a worker is absent he will not receive pay for the period he is absent. He will be liable, moreover, to disciplinary action at the discretion of the factory manager. Absence without notice exceeding fourteen consecutive days will incur automatic dismissal. 23. Any worker desiring an extension of leave must first of all obtain the factory manager's sanction by any means of communication available. Otherwise any over -stayal of leave will be treated as absence.
(3.) THE respondent 3 obtained from the company leave of absence from 15 April 1957 to 28 April 1957. Although required to resume his duties, after the expiry of the leave, on 29 April 1957, respondent 3 did not do so. It appears, however, that on 27 April 1957, respondent 3 sent a telegram to the factory manager of the petitioner company asking for extension of leave by three more weeks. The aforesaid telegram was somehow misled or mislaid and did not reach the addressee. Since respondent 3 failed to rejoin after the expiry of his leave, and for over fourteen days thereafter the petitioner company took steps against respondent 3 under Clause 18 read with Clause 23 of the standing orders and dismissed him from service on 13 May 1957.;

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