V.C.MISRA, J. - (1.) HEARD Sri S.C. Tripathi, learned Counsel for the petitioner and Sri S.D. Dubey, learned Counsel for the respondents.
(2.) THIS writ petition has been filed by the petitioner -workman for quashing the award dated 30.6.1998 (Annexure -2 to the writ petition) passed by the respondent No. 1 -Labour Court, Agra published on 13.9.1988 with a prayer for being reinstatement in service with full back wages. The facts of the case in brief are that the petitioner was an employee in the establishment of the respondent No. 2 M/s Guru Charan Industrial Works, District Mainpuri (for short 'the employers') and he left the services on leave from 25.8.1976 to 30.8.1976. Thereafter the petitioner again unauthorisedly absented himself from the service w.e.f. 31.8.1976 without submitting any application for leave. The respondent No. 2 after waiting for 15 days time treated the petitioner -workman to have abandoned his service and lost his lien on the basis of the provisions of Clause 10 (j) of the Industrial Employment (Standing Orders) Rules, 1946 (hereinafter referred to as 'the Model Standing Orders'). The petitioner being aggrieved raised industrial dispute and the matter was referred for conciliation before the State Government. The conciliation proceedings having failed, the State Government referred the matter for adjudication before the respondent No. 1 -Labour Court, Agra under Section 4 -K of the U.P. Industrial Disputes Act, 1947 vide its order dated 30.11.1983 for deciding the question which is as under : 'Whether the retrenchment of the petitioner by the employer on 15.12.1976 was valid and if not then what benefits should be awarded to the concerned workman.'
(3.) THE case of the petitioner, according to the written statement, is that he was a permanent employee in the establishment of the respondent No. 2 and on his being detained in prison under D.I.R. in the month of August, 1976, he could not join his services and sent application for leave. He remained on leave till 14.12.1976 and when he wanted to join his duty on 15th December, 1976, he was not allowed to work by the employers without issuing any charge -sheet or initiating any domestic inquiry.;