- (1.) Aggrieved by an award of labour court, granting reinstatement in service alongwith continuity and all service benefits, petitioner employer has preferred this petition under Article 226 of the Constitution of India.
(2.) Undisputed facts, giving rise to the dispute herein, are that respondent-workman got substantively appointed as Sub Station Attendant, on 7.7.1977 and worked as such w.e.f. 16.7.1977. His services were also confirmed. While working, as Sub Station Attendant, he absented from duty w.e.f. 1.2.1981. A letter was sent by employer on 21.4.1981, intimating absence w.e.f. 1.2.1981, and requiring his immediate joining, failing which, disciplinary action was to follow. Respondent-workman responded vide letter dated 2.5.1981, annexing medical certificate to show illness and sought leave w.e.f. 1.2.1981 to 1.6.1981. In response to such letter, Executive Engineer concerned directed workman to resume duty w.e.f. 1.6.1981 positively, otherwise, his services would be terminated after notice. In response to this letter, respondent-workman claims to have again sent a letter on 31.5.1981, seeking extension of medical leave upto 31.7.1981. This letter of respondent-workman was also replied by employer vide letter dated 20.7.1981, whereby respondent-workman was directed to resume his duty w.e.f. 1.8.1981 and he was also informed that he has been transfered to Electricity Distribution Division-I, Moradabad. Respondent-workman alleges that he kept writing letters to employer for extension of leave on medical ground from 1.2.1981 to 8.12.1985, and thereafter when he reported for joining on 9.12.1985, he was informed that his services were terminated on 27.5.1982. It is alleged that as no relief upon representations were given, as such, respondent-workman invoked the forum created under the Industrial Disputes Act, which ultimately resulted in making of a reference, after failure of conciliation, by the State, on 29.8.1990, for an adjudication by labour court concerned.
(3.) The employer contested reference by saying that respondent-workman absented unauthorizedly, without any prior information or sanction leave w.e.f. 1.2.1981 and he remained absent for about 5 months, whereafter he requested employer to sanction medical leave, but he never appeared before the employer and merely kept sending letters in defiance of the directions issued by the employer to forthwith report for joining. Repeated notices were sent directing the respondent-workman to report for joining but the same were not honoured. Notices were also published in newspaper requiring respondent-workman to report for joining but all such attempt failed. The employer had no alternative left, except to terminate the services of respondent-workman on 27.5.1982, on account of continued unauthorized absence from his duty.;