- (1.) This appeal is directed against a judgment and order dated 21.1.99 passed by a learned single Judge of this Court whereby and whereunder the writ petition filed by the 1st respondent herein questioning an award dated 30.6.97 passed by the 9th Industrial Tribunal, Durgapur in case No. X-4/1994 was allowed.
(2.) The basic fact of the matter is not in dispute.
(3.) The 1st respondent was working with the appellant herein since 12th October 1972. The 1st respondent on the ground of his illness went on medical leave from 7.2.98 to 14.2.98. He allegedly submitted his joining report but according to the respondent No.1 such joining report had not been made to a person authorized in that regard in terms of two circulars issued by the appellant. The terms and conditions of service of the workmen were governed by the Standing Order of the Company certified under the Industrial Employment (Standing Orders) Act, 1946. Clause 2 of section C of the said certified standing order deals with termination of employment of the workman. Clause 2(iii) of the said section states : "Any workman who : (a) absents himself without seeking permission for more than eight consecutive days; Having been laid off fails to report without sufficient reason within 8 days of the posting of recall notices or of being otherwise duly notified, (b) shall be deemed to have left the service of the company of his own accord and the same shall be intimated to the workman concerned in writing and he ceases to be an employee of the company provided, however, no explanation satisfactory to the management is adduced forthwith.";