BHARAT HEAVY ELECTRICALS LIMITED Vs. D.K. SARDANA

JUDGEMENT

(1.) The challenge in this writ petition is to the order dated December 01, 2012 passed by the Labour Court in I.D No.204/2011, whereby the Labour Court dismissed the application filed by the petitioner for consideration on the maintainability of the claim/reference before the Labour Court.

(2.) The primary reason given by the Labour Court for rejecting the application is that based on the objections raised by the petitioner, issues have been framed and the same are mixed questions of law and fact which have to be decided after due adjudication by allowing the parties to lead oral and documentary evidence.

(3.) The brief facts are that the respondent joined the services of the petitioner organization as a Stenographer on June 05, 1976. He availed leave between the period June 13, 2000 to July 30, 2000 and proceeded on tour to USA. He applied for extension of leave by way of earned leave with effect from July 14, 2000 to September 11, 2000 which was permitted to him. Again the respondent made another request for extension of leave by 60 days vide his letter dated October 23, 2000 which was declined by the petitioner and was asked to join duty after the expiry of sanctioned leave. The respondent failed to join his duties on November 11, 2000 and the petitioner struck off the name of the respondent from its rolls vide letter dated February 07, 2001 with effect from November 11, 2000 by invoking clause 10.13 of Leave Rules of the petitioner company. The respondent filed a writ petition bearing No.2262/2005 challenging the order dated February 07, 2001. The reliefs as sought by the respondent are reproduced as under: