- (1.) THIS writ petition was earlier allowed by the learned Single Judge of this Court vide his judgment dated May 3, 2002. However, in appeal, being Letters Patent Appeal No. 731/2002, the judgment of the learned Single judge has been set aside and the case was remanded back for fresh adjudication. The matter has been accordingly heard.
(2.) THE petitioner-workman is aggrieved of the award dated August 14, 1996 passed by the presiding Officer, Labour Court-II, Faridabad in reference No. 461/1993. It may be useful to briefly refer to the factual background.
(3.) THE petitioner workman was engaged by respondent No. \ as Lab Attendant in the year 1973. He was promoted as Lab Assistant in september, 1979. Thereafter, he was transferred in Milk Uaion, Kurukshetra, off deputation in October, 1989. On the allegations of remaining absent from duty for a period of 11 months, disciplinary proceedings were initiated against him. The Inquiry Officer, found him guilty of misconduct. On the basis of the report of the Inquiry Officer, the Disciplinary authority/employer ordered his removal from service vide order dated May 3, 1991. The petitioner-workman raised an Industrial dispute and the Appropriate Government made a reference under Section 10 (l) (c) of the industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), to the Labour Court-II, faridabad. The reference to the Labour Court was in respect to the following question: "whether the services of Shri Ram Gulam singh were terminated or he had himself lost lien on the job having remained absent from duty. The relief, to which is he entitled as result thereof?";