LAWS(GJH)-2010-8-19

MANILAL J PATEL Vs. ASHIWN AND CO

Decided On August 03, 2010
MANILAL J.PATEL Appellant
V/S
ASHIWN AND CO. Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Central Industrial Tribunal, Gujarat at Ahmedabad in Reference (ITC) No.34/1991 dated 21.09.1994, whereby, the reference of the petitioner came to be rejected.

(2.) The facts in brief are that the petitioner joined the services of the respondent-Company as a Storekeeper on 01.08.1964. His services came to be terminated on 25.01.1987. Against the said action, the petitioner raised a dispute, which, ultimately, culminated into a reference being Reference (ITC) No.34/1991. However, the said reference came to be dismissed vide impugned order dated 21.09.1994. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. After appreciating the evidence on record, the Tribunal found that the petitioner had voluntarily abandoned the services. The petitioner had also not produced any evidence on record to show that he had remained absent from duty on account of any unavoidable circumstances. The petitioner was holding a very responsible post in the petitioner-Company. However, without showing necessary discipline, which was expected from the petitioner, he voluntarily abandoned the services.