- (1.) The petitioner has filed this writ petition challenging the award given by the Industrial Tribunal, Lucknow on 21.7.1992.
(2.) The facts in nutshell are as follows: The respondent No. 2 joined the services of the petitioner as a lady operator (trainee) w.e.f. 13.5.1980. On completion of the training period she was absorbed as operator w.e.f. 13.7.1981 as such she was duly confirmed on 13.7.1982. The respondent No. 2 worked satisfactorily with the petitioners. Some time one and from 7th November, 1984 she proceeded on maternity leave and remained on the said leave till 29.1.1985. Thereafter, she absented herself without any application for leave or grant of leave w.e.f. 30.1.1985 to 12.4.1985. Though the respondent No. 2 has averred that on 15th February, 1985 she had sent a letter for leave through her father informing the petitioner that she is ill, a copy of the said letter was exhibited before the Tribunal, Another document which was exhibited was a certificate issued by Dr. Radha Sharma which says that on and from 27th February to 16th April, 1985 she was in her treatment. On 12th April, 1985 the petitioner terminated the services of the respondent No. 2 taking resort to the provisions of Clause 17 (g) of the Certified Standing Order. The said Standing Order reads as follows: "17. (g) The services of a workman ore liable to automatic termination if he overstays on leave without approval or absents himself without permissions for more than seven days.. In case of sickness, the medical certificate he must be submitted within a week."
(3.) Under the circumstances the petitioner sought a reference in the year 1985 which was marked as C.B. Case No. 310-1985 before the Deputy Labour Commissioner, Lucknow. The State Government on consideration of the facts and circumstances of the case referred the matter on 18.7.1990 before the Industrial Tribunal. Lucknow on the following question : -;