- (1.) These two appeals arising out of a common judgment and order dated 7-12-2000 passed by a Division Bench of the Punjab and Haryana in Civil Writ Petition No. 8212 of 1999 involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.
(2.) Jagir Singh, the Appellant in Civil Appeal No. 1167 of 2002 will be hereinafter referred to as 'the workman'; whereas the State of Punjab, Appellant in Civil Appeal No. 1168 of 2002, will be hereinafter referred to as 'the State'.
(3.) FACTS: The workman herein joined the service in the Punjab Roadways, Taran Taran, in the year 1965 as a driver. It is not in dispute that he absented himself from duty from 2-5-1979 to 3-8-1979. The workman did not apply for any grant of leave. He was asked to report for duty by a registered letter dated 22-6-1979 but despite the same he did not comply with the said request. As regard his absence from duty, a notice was published in the newspapers but despite the same he did not join his duties within the time specified therein. The State, therefore, on the ground his being absent from duty, terminated his services with effect from 3-8-1979. Questioning the legality of the said order, a purported demand was raised by the workman to reinstate him in service by a letter dated 5-3-1981. An industrial dispute was raised in relation whereto, conciliation proceedings were held. Consequent upon failure of the parties to arrive at an amicable settlement therein, the dispute was referred to the Labour Court by the State purported to be in exercise of its power under Section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') by a notification dated 25-8-1993 on the following: "Whether termination of the services of the workman is justified and in order If not, to what relief/exact amount to compensation is he entitled -;