- (1.) THE petitioner has filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ of certiorari/mandamus or any other writ, order or direction quashing the orders dated 30-11-1987 and 2-8-88 passed by respondent Nos. 3 and 2 respectively.
(2.) THE petitioner states that he was an employee of respondent No. 1 from 1965 as "patakari". He was confirmed on his job in the year 1966. In the month of May, 1997 he was suffering from Jaundice. He, therefore, went on sanctioned sick leave from 18th May, 1977 to 3rd June, 1977. The leave was further sanctioned until 30th June, 1997. He remained absent till 29th July, 1977. On 22nd July, 1977 respondent No. 1 sent a letter to the petitioner stating therein that he was absent from work unauthorisedly and without permission from 1-7-1977. He had not informed the respondent No. 1 about his absence within 7 days. Therefore, in accordance with Standing Order No. 12 (9) applicable to the employees he has lost the right to the service. Thus his services in the Lift Irrigation Department of the factory were terminated with effect from 22nd July, 1977. This letter is received by the petitioner on 26th July, 1977. On 29th July, 1977 the petitioner reported for duty. The application is styled as Joining Report. It is stated that after availing sick leave from 1-7-1977 to 28th July, 1977 the petitioner has reported for duty on 29th July, 1977. It was requested that the petitioner be permitted to sign the muster. Along with the Joining report leave application and medical certificate were also enclosed. On this very application an endorsement was submitted to the Managing Director stating therein that the petitioner is absent from duty without permission from 1-7-1977. He has not made application from the aforesaid date and for that reason in accordance with Standing Order No. 12 (9) his services were terminated w. e. f. 22-7-1977. He has received the said order on 26th July, 1997. Thereafter on 29th July, 1977 he has made an application for sick leave from 1st July, 1977 to 28th July, 1977. It is further stated that he has made this application only after the termination of his services and, therefore, the said application cannot be taken into consideration. By letter dated 1-11-1977 the petitioner was informed that his services have been terminated w. e. f. 22-7-1977 in accordance with the Standing Order No. 12 (9) for remaining absent from duty without permission. As the application made on 29th July, 1977 has been made after termination of service, the said application cannot be taken into consideration.
(3.) FEELING aggrieved the petitioner gave necessary approach notice on 28th Jan. 1978 under the provisions of the Bombay Industrial Relations Act, 1946, hereinafter referred to as "the B. I. R. Act", to the respondent No. 1 with a request to take him back in service. This is attached as Exhibit-E to the petition. Since no settlement was arrived at between the parties the petitioner filed an application under the B. I. R. Act bearing No. 20 of 1978 before the Labour Court at Sangli. The respondent No. 1 filed the written statement and raised the contention that due approach notice under section 42 of the B. I. R. Act was not sent in time and, therefore, the application was not maintainable. Respondent No. 1 also contended that the application before the Labour Court was also time barred and, therefore, not maintainable. Labour Court held that the approach notice was well within the period of limitation but further held that application bearing No. 20 of 1978 was filed beyond the period of limitation. The petitioner filed Writ Petition No. 3785 of 1993 against the order of the Labour Court. The High Court by an order dated 12th April, 1995 remanded the matter to the Labour Court with a direction to dispose of the matter. The delay in filing the application has been condoned.;