MAHENDRA SINGH DHANTWAL Vs. HINDUSTAN MOTORS LIMITED

JUDGEMENT

(1.) This is an appeal at the instance of the workman on certificate of the Calcutta High Court form the decision of the Division Bench reversing the earlier judgment and order of the learned single Judge in an application under Article 226 of the constitution directed against the award of the First Industrial Tribunal, West Bengal, madeunder Section 33A of the Industrial Disputes Act.

(2.) The appellant (hereinafter to be described as the workman) was employed by M/s. Hindustan Motors Ltd. (hereinafter to be described as the company) since August 3, 1949. On August 3, 1956, the workman entered into an agreement of service with the company wherein the first clause reads as follows:-

(3.) The workman went on two months' leave to Banaras for a change some time in 1960. He requested for extension of leave for one month on medical grounds. He actually sent an application on August 8, 1960, along with a medical certificate praying for extension of his leave. The company asked the workman to get himself examined by the company's medical officer within ten days. As the workman was lying ill at Banaras, he could not comply with the directions of the company. On September 5, 1960, he sent another telegram followed by a formal application enclosing a medical certificate for extension of his leave. On September 15, 1960, the company sent a letter to him terminating his services on the ground of habitual absence which is a misconduct under the company's standing orders.