MANAGING DIRECTOR, U.P. BRIDGE CORPORATION LIMITED AND ANR. Vs. THE PRESCRIBED AUTHORITY, INDUSTRIAL TRIBUNAL NO. (II) AND ANR.

JUDGEMENT

(1.) BY means of present writ petition, the judgment and award dated 20.2.2001 passed by the Prescribed Authority, Industrial Tribunal No. (II), U.P. Lucknow in Adjudication Case No. 92 of 1997 is under challenge.

(2.) HEARD Sri Shishir Jain, learned Counsel for the petitioner and Sri B.P. Dubey, learned Counsel on behalf of opposite party No. 2.

(3.) ON 20.1.1984 he was placed in group -B category of workmen on monthly rate of wages in the Corporation. On 9.1.1991, respondent No. 2 had proceeded on leave did not report for duty and remained absent for about three years and eight months . Thereafter on 14.1.1994 and 16.12.1994 an undated application submitted by respondent No. 2 through post for sanction of leave from 30.12.1993 to 30.1.1994 and 30.1.1994 to 30.3.1994 were received by the Corporation . Lastly, on 7.4.1994 an undated application of respondent No. 2 was received by the Corporation for sanction of leave from 30.3.1994 to 30.4.1994 in response to the said applications, the Deputy Project Manager of the Corporation on 27.7.1994 had directed him to appear before the Chief Medical Officer, Kanpur for medical examination and requested the said authority to examine the respondent No. 2 and to inform disease from which he was suffering .