BRIJLAL Vs. STEEL AUTHORITY OF INDIA LTD

JUDGEMENT

(1.) By this petition, the petitioner seeks to challenge the legality and validity of the order dated January 29, 1994 (Annexure - P/3) passed by the Industrial Court, Raipur; in appeal Nos. 152/MPIR/93 {Steel, Authority of India Ltd. v. Brijlal and 32/MPIR/94 (Brijlal v. Managing Director, Bhilai Steel Plant) whereby the, appeal preferred by the respondent No. 1 was allowed, setting aside the order dated November 9, 1993 (sic) April 29, 1993, passed by the Labour Court, Durg, in case No. 8/MPIR/86 (Brijlal v. Managing Director, Bhilai Steel Plant) and consequently dismissed the appeal of the petitioner. The petitioner also seeks for issuance of a direction to the respondent No. 1 for his reinstatement with full back wages/from the date of his termination i.e. October 19, 1985 till his retirement.

(2.) The facts, in nutshell for adjudication of the case, are that initially the petitioner entered into service on July 22, 1963. According to the petitioner on October 19, 1985 the petitioner fell ill; thus, by communication he intimated his, employer about his illness. The Doctor advised him to take bed rest up to October 29, 1985. On October 30, 1985 when the petitioner went to resume his duty it was informed to him that he was terminated from service by order dated October 19, 1985 (Annexure-P/1).

(3.) Being aggrieved by the termination order dated October 19, 1985 the petitioner preferred a case before the Labour Court, Durg. In the said case the respondent No. 1 filed its written statement, stating that the petitioner was a regular absentee and remained absent from the service for 127 days during the period from October, 1983 to May, 1984 and again absented from the service for 196 days during the period from July, 1984 to April, 1985. The Labour Court by order dated April 29, 1993 partly allowed the case of the petitioner and directed, the respondent No. 1 to reinstate the petitioner in service without backwages.