ROSHAN LAL Vs. MANAGEMENT OF SWATANTRA BHARAT MILLS

JUDGEMENT

(1.) In this writ petition the challenge is to the award of the Labour Court, Delhi dated 14th January, 1970 whereby the dispute referred to it by the Lt.-Governor has been decided in favour of the Management.

(2.) The petitioner was admittedly a workman of the respondent. On 6th September, 1968 he was arrested by the police. According to the petitioner the arrest was made with an ulterior motive. For our purposes it is not relevant as to what was the reason of his arrest. The petitioner remained absent from duty with effect from 6th September, 1968. According to the petitioner he sent application for leave from jail, receipt of which is denied by the management. It was also stated by the petitioner that on 12th September, 1968 his brother submitted an application to the management to the effect that the petitioner had been arrested and that he should be granted leave.

(3.) The petitioner was released from jail on 25th September, 1968. Thereafter on 27th September, 1968 he reported for duty. The petitioner was informed that his name had been struck off from the rolls on 14th September, 1968 under Standing Order 27-D. The said Standing Order reads as follows :-