AHMEDABAD ELECTRICITY CO LTD Vs. MUKESH JUGGALKISHORE JADAV

JUDGEMENT

(1.) THE appellant, being aggrieved by Order dated 1st November, 2001, passed in Special Civil Application No. 2995 of 2001 by the learned single Judge rejecting the Writ Application and confirming the order dated 21st March, 2001 passed by the Industrial Court in Appeal (IC)No. 29 of 2000, is before this Court.

(2.) THE submission of the learned Counsel for the appellant is that as the employee overstayed the leave and did not report back within 15 days of the last date of the granted leave, the Establishment was justified in presuming that he has abandoned work. His further submission is that in accordance with Standing Order 14 (5), as the employee did not report back to duty within 15 days of the expiry of his leave, he could not even be taken on the temporary rolls. The further submission is that the Industrial Court, so also the learned single Judge, were unjustified in holding that in accordance with the observance of the principles of natural justice, an order deeming him to be terminated could not be presumed.

(3.) ON the other hand, learned Counsel for the other side, submitted that the Industrial Court, so also the learned single Judge, in accordance with the dictum of the Supreme Court, have clearly observed that in absence of a notice, which is the bare minimum requirement of the principles of natural justice, it could not be presumed that the respondent is terminated.