ABDUL AZIM ANSARI Vs. HEAVY ENGINEERING CORPORATION LIMITED
LAWS(JHAR)-2004-1-32
HIGH COURT OF JHARKHAND
Decided on January 06,2004

Abdul Azim Ansari Appellant
VERSUS
HEAVY ENGINEERING CORPORATION LIMITED Respondents

JUDGEMENT

AMARESHWAR SAHAY, J. - (1.) THE prayer in this Writ Application is to quash the award dated 12.8.1996 by the Labour Court, Ranchi in Reference Case No. 12/1990, contained in Annexure -6, whereby the Labour Court has decided the Reference against the petitioner -workman, holding that his dismissal from service was Justified and therefore not entitled to any relief.
(2.) THE dispute which was referred for adjudication to the Labour Court is as under: - - "Whether dismissal of Abdul Azim Ansari, Fitter, P.No.32383 is justified? If not what relief he is entitled and since when? The case of the petitioner -workman is that he was initially appointed in H.E.C. as Fitter on 26.2.63. On account of illness of his mother, he took 5 days casual leave on 2.8.83 and went to his village home. Since his mother was serious and therefore by sending an application on 25.8.83 by registered post, he requested to extend the leave but his Controlling Officer directed him to resume his duties. The workman thereafter submitted another application for extension of leave with medical certificate but the management sent a letter on 8.12.1983 directing him to report for duty within a month. Since the condition of his mother had not improved and he himself also fell ill and as such, on 5.12.1983 he again sent an application for extension of leave for a further period of one month.
(3.) THE workman reported for duty with medical certificate on 10.1.1984 which was not accepted by the Controlling Officer and workman was directed to report to the plant Administration. Though he reported for duty but on 16.1.1984 he was informed that his service has been terminated on the ground of unauthorized absence.;


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