SUKHDEV SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appellant workman impugns the order dated 08.07.2011 of the learned Single Judge of this Court dismissing W.P.(C) No.4685/2011 preferred by the appellant against the award dated 29.07.2010 of the Industrial Adjudicator on the following reference:

(2.) The factual scenario not controverted before us is, that the appellant joined the employment of the respondent DDA as a Mate on Muster Roll Basis on 26.08.1981; he was on 06.03.1984 converted as Work Charge Mate; that he unauthorizedly absented from duty from 01.09.2004; that letters dated 06.10.2004, 20.12.2004, 08.08.2005, 15.10.2005 & 31.01.2006 were issued to him asking him to join back the duty and intimating him that if he did not so join the duty, he would be presumed to be no longer interested in continuing in service; despite service of the aforesaid letters, he did not opt to join duty; a notice dated 17.05.2006 was also published in as many as three newspapers asking him to join back the duty and again informing him that upon his failure to join, he would be deemed to be no longer interested in continuing his service; finally vide Memorandum dated 25.07.2006 his services were terminated.

(3.) The appellant claims that he recovered from his illness on 08.08.2006 and upon being not allowed to join duty raised the industrial dispute in or about 2008-09 upon which reference aforesaid was made on 30.09.2009.