D K YADAV Vs. J M A INDUSTRIES LIMITED

JUDGEMENT

(1.) This appeal by special. leave is against the award of the Labour court, Haryana at Faridabad dated 19/04/1982 which was published in the State Gazette on 10/08/1982. It upheld the termination of the appellant's service as legal and valid. The respondent, by its letter dated 12/12/1980 which was received by the appellant on 19/12/1980, intimated that the appellant willfully absented from duty continuously for more than 8 days from 3/12/1980 without leave or prior information or intimation or previous permission from the management and, therefore, "deemed to have left the service of the company on your own account and lost your lien and the appointment with effect from 3/12/1980". In support thereof reliance was placed on clause 13 (2qv) of its Certified Standing Order. The appellant averred that despite his reporting to duty on 3/12/1980 and everyday continuously thereafter he was prevented entry at the gate and he was not allowed to sign the attendance register. He pleaded that he was not permitted to join duty without assigning any reasons. His letter of 3/12/1980 was marked herein as Annx. 'a' wherein he explained the circumstances in which he was prevented to join duty. The tribunal found that the appellant had failed to prove his case. The action of the respondent is in accordance with the standing orders and it is not a termination nor retrenchment under the Industrial Disputes Act, 1947 for short 'the Act'. The appellant in terms of Standing Orders lost his lien on his appointment and so is not entitled to reinstatement.

(2.) Clause 13 (2 (iv) Standing Order reads thus:

(3.) Section 2 (00 of the Act defines-