OWESH ALAM MOHAMMAD YAKUB Vs. PRINCIPAL OF MAHARASHTRA COLLEGE OF ARTS SCIENCE AND COMMERCE

JUDGEMENT

(1.) RULE, returnable forthwith. Respondents waive service. By consent, Rule is taken up for final hearing.

(2.) THE petitioner was employed as a Hamal-cum-sweeper and was a confirmed employee in the institution of the 1st respondent. The case of the petitioner is that on 16th November, 1998 he left for his village upon receiving information of the sickness of his mother. According to the petitioner, he had sent information about his absence through his colleague, one Mohd. Islam Shaikh, who is working in the same college. On 23rd November, 1998, the respondents informed the Petitioner that the period of his absence from 10th November, 1998 to 22nd November, 1998 was being treated as leave without pay. On 27th November, 1998, a letter was issued by the respondents to the petitioner calling upon him to resume duty. On 12th December, 1998, when the petitioner came to work he was not allowed to resume and was informed that his services had been terminated with effect from 10th December, 1998 under Rule 50 of the Standard Code. Representations sent by the petitioner and by the Employees Union resulted in no change of heart. The petitioner filed an appeal on 5th March, 1999 before the University and College Tribunal. By the impugned order dated 8th October, 1999 the Tribunal upheld the order of termination and dismissed the appeal filed by the petitioner.

(3.) THE Learned Counsel for the petitioner submitted that, in the first place, the provisions contained in Rule 50 of the Standard Code are not attracted to the case as the petitioner was not absent continuously for a period of 30 days. Rule 50 of the Standard Code provides as follows: