P.B. Bajanthri, J. - (1.) In the instant writ petition, the petitioner has questioned the validity of the order dated 3.2.2010 (Annexure P -15) and award dated 13.12.2010 (Annexure P -17) passed by the Labour Court, Panipat.
(2.) The petitioner while working as Supervisor, National Fertilizers Limited, Panipat Unit, Panipat was chargesheeted for unauthorized absence on 25/26.11.1998. An extract of the charge is reproduced herein: - - "It has been reported that Shri R.K. Gupta, Supervisor, E. Code No. 77/5523 has been absenting himself from duty since 9 -11 -1998 without prior permission of the Competent Authority. It has also been reported that he is in habit of absenting himself from duty without any prior approval/sanction of leave. The act of commission/omission on his part constitute gross and serious misconduct."
(3.) Remaining unauthorized absent amounts to breach of Para No. 15.11 of the Certified Standing Orders. An extract of Para 15.11 is reproduced herein: - - "Para 15.11 of the Certified Standing Orders applicable to him stipulates that: - - "If a workman remains absent without leave, for more than 8 days or for more than 8 days beyond the period of leave originally granted or subsequently extended, he should be deemed to have been voluntarily abandoned his employment and his services shall be treated as having been terminated automatically and his name shall be struck off from the services of the Company without any reference to him unless he gives explanation to the satisfaction of the Management of his unauthorized absence.";