(1.) This intra-Court seeks to call in question a learned Single Judge's order dtd. 10/11/2022 whereby appellant's W.P.No.31833/2019 having been dismissed, the Labour Court award dtd. 21/3/2019 for reinstatement of the respondent herein has been sustained.
(2.) Learned counsel for the appellant vehemently argues that the respondent workman had remained unauthorisedly absent for a period of 632 days, on various occasions; unauthorised absence of an employee breeds a lot of indiscipline and therefore the punishment of dismissal could not have been set aside by the Labour Court which committed the error and that the learned Single Judge also committed a concurrent error. That being the position, the impugned order is liable to be invalidated, argues the counsel for the appellant.
(3.) Having heard the learned counsel for the appellant and having perused the appeal papers, we decline indulgence in the matter inasmuch as the Labour Court, after due appreciation of facts, in its accumulated wisdom, has set aside the dismissal and directed the reinstatement of the workman; the same has been deeply examined the learned Single Judge who concurred with the findings of the Labour Court, after referring to as many as ten Rulings cited at the bar. Both they have held the explanation offered by the workman for remaining absent, as plausible. There is absolutely no material for us to take a different view of the matter.