S.S. Sudhalkar, J. - (1.) This writ petition is filed by the employer challenging the award of the Labour Court dated 5.1.1983 (copy Annexure P/3) vide which respondent No. 2 was ordered to be reinstated in service with continuity thereof and full back wages.
(2.) Respondent No. 3 was working with the petitioner. He joined service on April 19, 1976. He proceeded on leave from November 11, 1980 to November, 1980. It is contended that during this period he fell ill and sent medical certificate alongwith application for extension of leave. It is contended that the respondent was suffering from jaundice and the certificates regarding the same are at Ex. R3/2 and R3/3. It is further contended by him that on 19.1.1981 when he came back to resume his duties with fitness certificate, the petitioner refused to provide the job and in this way terminated the service of the respondent.
(3.) The case of the petitioner is that respondent was working on permanent post. He proceeded on leave duly sanctioned from 11.11.1980 to 18.11.1980. He, thereafter, requested for extension of leave vide application dated 17.11.1980 duly supported by the medical certificate. The doctor had recommended him rest for three w&eks and accordingly he was sanctioned the said leave. Vide letter dated 24.12.1980 he had sought extension of leave by one week. The letter was not accompanied by any medical certificate and as such no leave was sanctioned. He did not report for duty on 1.1.1981. After waiting upto 12.1.1981, he was treated to have abandoned his service and his services were terminated. The termination of service was, according to the petitioner, in terms of the Standing Orders. The Standing Orders relating to leave and absence are quoted in the petition. The relevant clause is Clause 14(iii) and (iv). They are as under : - "Clause 14(iii): In that event of a workman desiring extension of the originally sanctioned leave or a subsequently extended and sanctioned leave, he shall make an application in writing to the manager specifically stating the reasons warranting such an extension duly supported by the proof thereof and submit sufficiently in advance of the expiry of the leave allowed. The manager or any other authorised person on his behalf shall as soon as possible on receipt of such application inform the workman on the address given by the workman whether the extension applied for has been sanctioned or refused. Reply shall be sent without delay under a certificate of posting. If a workman desires a telegraphic reply by the management he shall sent reply paid telegram." (iv) If a workman remain absent without sanctioned leave or beyond the period of leave originally sanctioned or subsequently extended, he shall lose lien on his appointment unless (a) he returns within 10 (ten) days of commencement of absence of expiry of the leave, and (b) explains to the satisfaction of the manager the reasons of his absence or his inability to return on the expiry of leave as the case may be. He shall be deemed to have left the services of the company of his own accord with effect from the date on which he was return to his duties with the company and his services shall stand automatically terminated.;