- (1.) Admittedly in the year 1970, Lidha Oraon, the respondent No. 1 was employed as fitter in the Heavy Engineering Corporation (hereinafter to be referred to as 'the Corporation'), the appellant. He attended his duty in the year 1984 to 1988 respectively for 201, 192, 229, 183 and 154 days only. On 26/11/1988 he filed an application for leave on medical grounds. On 23/12/1988 he was asked to submit medical certificate in support of his illness of a registered medical practitioner or to join his duty immediately, failing which action would be taken under clause 15 (x)of the Certified Standing Orders for Industrial Establishment of the Corporation. He received the communication, but neither replied nor produced any medical certificate, nor furnished explanation about his continued absence, nor turned up to join his duty.
(2.) On 11/02/1989 the respondent No. 1 was given notice regarding his unauthorisd absence from 26/11/1988 and he was directed to join his duty along with explanation for his unauthorized absence within a month, otherwise the management would be compelled to terminate his lien on his appointment, which was received by him, but he failed to either report on duty or file explanation of his unauthorized absence from 26/11/1988.
(3.) In such circumstance, in terms of clause 15 (x) of the Certified Standing Orders, he lost his lien on his appointment and was deemed to have left services of the Corporation on his own accord without any information and, therefore, his name was struck off the rolls of the Corporation with retrospective effect from 26/11/1988, by Office Order issued on 15/06/1989.;