D.P.SINGH, J. - (1.) HEARD Sri K.P. Agarwal, learned Senior Advocate assisted by Ms. Suman Sirohi for the petitioner and Sri P.K. Mukherji, for the contesting respondents.
(2.) THIS writ petition is directed againsr an award of the Labour Court by which the petitioner workman has been demo i the relief of reinstatement and back wages. The relevant facts for decision of this petition are that the petitioner was appointed as a Fitter in the respondent company in October, 1969. Due to his long absence, his services were terminated w.e.f. 11th November, 1981. This resulted in a reference which was registered as Adjudication Case No. 11 of 1983. The Labour Court after giving both the parties sufficient opportunity came to hold that the termination of the petitioner due to his long absence was justified and he was entitled to no relief at all.
(3.) LEARNED Counsel for the petitioner has raised two submissions in support of this petition. Firstly, automatic loss of lien under the Standing Orders was hit by Article 14 of the Constitution of India and secondly, there being no guidelines for choice of exercise of power between the power providing for loss of lien and taking action on misconduct, therefore, it was arbitrary.;