OM PRAKASH Vs. PRESIDING OFFICER LABOUR COURT ROHTAK

JUDGEMENT

(1.) This appeal is directed against an order made by the High Court affirming an award made in a reference to Industrial Tribunal under section 10 of the Industrial Disputes Act, 1947, on the question whether the original Appellant's services (hereinafter referred to as the 'appellant') have been properly terminated or not and to what relief he is entitled to.

(2.) The Tribunal in the first place found that the case of the management is that there is abandonment of services by the Appellant and the reference being only on the question of termination of services that aspect could not be examined. It is also further noticed that onan earlier occasion parties had settled the matter by referring the matter to Screening Committee and the Screening Committee having given its decision on 21-6-1976 and the Government having declined to make the reference, before initiating fresh proceedings notices should have been given to the respondent-Mill.

(3.) We have been taken through the award made by the Tribunal. The Tribunal approached the matter in very technical way. The substance of the reference made to the Tribunal was in regard to putting an end to the services of the appellant and the scope of reference should have been understood in that light as to whether the termination of services of the appellant was justified or not. Indeed the law is clear on the matter whenever the service of an employee is put to an end to even on the ground of abandonment of service it must be in terms of the standing orders and in the present case there is no compliance with the terms of the standing orders. The appellant was absent from work on account of his being detained by the Police from 9-9-1970 to 16-1-1971 when he was enlarged on bail.