D T C Vs. TARA CHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 24th august, 2005, passed by the learned Single Judge dismissing the writ petition filed by the appellant herein. The appellant contended that the respondent-workman was absent unauthorisedly and, therefore, an order was passed by the appellant on 7th March, 1988 holding that the respondent is deemed to have resigned from his job as he was unauthorisedly absent. By the same order, the period of his unauthorised absence from 6th November, 1987 to 12th February, 1988 was regularised. Being aggrieved by the aforesaid order passed by the management-appellant, the respondent-workman raised a dispute which the appropriate Government referred to the Industrial Adjudicator. The Industrial adjudicator registered the said reference as ID Case No. 206/89, wherein the following reference was considered:-

(2.) THE learned Labour Court received the pleadings filed by the parties and also recorded the evidence adduced by the parties and, thereafter passed an award holding that the order of termination passed against the respondent by the management was illegal and unjustified. After holding in the aforesaid manner, it was further held as follows:-

(3.) BEING aggrieved by the aforesaid Award of the Labour Court, the appellant filed a writ petition which was registered as CWP No. 5225/2000. The said writ petition was considered by the learned Single Judge and the same was dismissed by an order passed on 11th September, 2000. The learned Single Judge held as follows:-