R.S. Dhavan, J. - (1.) The ultimate solution in the present writ petition, being issues between the employer and an employee, arising out of an industrial adjudication, has arrived after the argument had closed upon grace of counsel and has, thus, ended in substantial justice between the parties.
(2.) The employer is Ramala Sahkari Chini Mills Ltd., Ramala District Meerut. The aforesaid corporate body, a society, carries on the manufacture of crystal sugar through the vacuum pan process. The employee is respondent No.3, Shiv Narain Singh. The latter was employed temporarily by an appointment letter of 17 February, 1980. The terms of the appointment can be seen in the text of the appointment letter noticed by the Labour Court, Meerut, while deciding two preliminary issues, appended as annexure '6' to the writ petition.
(3.) The genesis of the dispute arose thus: respondent No.3 after having received his appointment as a temporary clerk chose to absent himself. The cause of absenteeism is not relevant in the face of the ultimate solution. That there was absenteeism during the period indicated by the employer, is a matter of record and not in issue. The respondent No.3 was appointed on 17 February, 1980 and from this date till 30 June, 1980 he was absent on 102 days; be tween 18 April, 1981 to 24 June, 1981, 53 days; in August, 1981 for 12 days; in September, 1981 for 16 days, in October 1981 for 91/2 days and between 12 October, 1981 to 8 May, 1982 for 187 days. The last date, that is, 8 May, 1982 is the date when his services were terminated, the cause being absenteeism.;