H.M.T. WATCH LTD. Vs. LABOUR COURT

JUDGEMENT

(1.) The respondent no.3/workman was an employee of the factory, namely, H.M.T. Watch Ltd. He was appointed as an Operator on 28.05.1985. On 18th March, 1991 the employer H.M.T. Watch Factory terminated the employment of the workman invoking the provisions of Standing Order 14.1.8 on the ground that he has abandoned his job on his own.

(2.) The fact of the matter is that the workman/respondent no.3 had taken leave initially on 01.12.1990 to 06.12.1990 thereafter till 28.03.1991. When, the workman/respondent no.3 tried to join duties on 29th March, 1991, he was not allowed to join the duties on the ground that his services have been terminated by invoking Standing Order on 18th January, 1991. Standing Order 14.1.8 reads as under:-

(3.) According to the workman/respondent no.3, the reason for initially remaining absent from duty was that he was sick and on the fact that during this period though he tried to join the duties but he was asked to produce fitness certificate from the office of the Chief Medical Officer but the workman/respondent no.3 could not get the certificate and ultimately he submitted his joining on 29.03.1991 but he was not allowed to join and he was informed that his services have been terminated on 18.03.1991. This being the factual position, workman/respondent no.3 has also relied upon the case of M/s Scooters India Ltd. v. M.Mohammad Yaqub, 2001 88 FLR 274 (SC)], wherein invoking a similar provision by Scooters India Ltd. a person who remained absent for 10 consecutive days his services terminated was held to be in violation of natural justice and fairplay and it was held that at least a show cause notice was liable to be given. Paragraphs 10 and 11 of the judgment reads as under:-