Decided on January 14,1977

P.W.V. Rowe Appellant
Chairman, LabĀ­Our Court Respondents


D.C.BHATTACHARYA,J. - (1.) This petition for special leave is against an order of a Bench of the High Court dismissing summarily an application of the petitioner under Article 102 of the Constitution, by which the validity of the order of reinstatement of Respondent No. 2, an employee of the Company, of which the petitioner is the Chairman and Managing Director, made by the Labour Court of Chittagong under section 23 (1) (b) of the Employment of Labour (Standing Orders) Act, 1965, was challenged.
(2.) Respondent No. 2 appears to have gone on leave for a period of 14 days with effect from 13-1-76. On the expiry of the leave she applied for its extension on the ground of illness, whereupon she was asked by the company to report to the Medical Officer of the Company on 2. 2. 76. Respondent No. 2, however, did not produce herself before the Medical Officer as directed by the Company and then the Company by a letter dated 9. 2. 76 informed her that, on account of her failure to report to duty within 10 days from the expiry of the leave, she had lost her lien to her appointment under, section 5(3) of the Employment of Labour (Standing Orders) Act, 1965. Thereafter Respondent No. 2 returned to her duty on 14-2-76 but she was not allowed to resume her duty. She thereafter filed a Complaint Case under section 25 of the Act after complying with the necessary formality as to submitting a prior grievance petition to her employer.
(3.) The Labour Court, having come to the finding in the said Complaint Case that Respondent No, 2 had sufficiently explained her inability to return earlier and that the employer did not fairly deal with her case, held that the loss of lien imposed by the employer upon Respondent No. 2 was illegal and malafide and pursuant to such findings, directed her reinstatement in her former post with full back wages and continuity in service. The petitioner having moved the High Court in writ jurisdiction against the said order of the Labour Court, the High Court has summarily rejected the Petitioner's application on the view that the Labour Court had taken a reasonable view of the matter With regard to the provisions of section 5 (3) of the Employment of Labour (Standing Orders) Act, 1965.;

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