CHANDRA PRAKASH PANDEY Vs. BHILAI REFRACTORIES LTD

JUDGEMENT

(1.) THE petitioner was employed as Machine Tools Operator in the respondent No. 1 Bhilai Refractories Ltd. on 15.1.1980, on probation. The services of the petitioner was confirmed after satisfactory completion of the probation period on 15.7.1981 vide order dated 14.11.1981 (Annexure P/1). The petitioner remained absent for the period from 11.3.2001 to 12.6.2001 on the ground of medical treatment. The petitioner has submitted medical certificate to that effect as Annexure P/2. The respondent without enquiring into the reasons for absence, terminated the services of the petitioner, without issuing even one month's notice, vide order dated 24.3.2001 (Annexure P/4) under the provisions of Order 16(x) of the Standing Orders of the Bhilai Refractories Ltd.

(2.) THE petitioner being aggrieved, filed this petition impugning the termination order on the ground that there is a gross violation of the principles of natural justice. The impugned termination order was arbitrary, discriminatory and violative of all cannons of principles of fair play and natural justice.

(3.) SHRI R.M. Solapurkar, learned counsel appearing for the respondent submits that the Order 16(x) of the Standing Orders clearly provides that if a person remained absent from duty for more that 8 days, no notice is necessary and it would be presumed that the concerned employee is not interested in continuing in service. According to learned counsel for the respondent the impugned termination order is legal, just and proper. After having heard learned counsel for the parties and having perused the records it is evident that the services of the petitioner was terminated under the provisions of Order 16 (x) of the Standing Orders. The actual provision for termination of service of an employee is enshrined under Order 36 of the Standing Orders. Admittedly, no notice was given to the petitioner. Order 16(x) and Order 36 of the Standing orders reads as under: 16. APPLICATION FOR LEAVE: (x) If a workman/ employee: (a) remains absent without intimation and sanction of leave, or (b) remains absent beyond period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he returns within fifteen days of his absence or the expiry of the leave and explains to the satisfaction of the management his reasons for absence or his inability to return before the expiry of the leave. (In case the employee / workman losses his lien on his appointment, he shall be entitled to be kept on the badli list.). Where however, the period of such absence exceed 8 days the employees/ workman shall be presumed to have left the services of the company of his own accord without notice. DISCHARGE AND TERMINATION OF SERVICE : Except as provided specifically in the contract of service or in the Standing Order No. 32., the management may terminate the service of an employee/workman by assigning reasons after giving the following notices or on payment of wages in lieu of