VINOD KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner.

(2.) No one appeared on behalf of the contesting Respondent on the date on which arguments were heard.

(3.) This writ petition has been filed by the workman and is directed against the award dated 27.03.1996 given by Presiding Officer Labour Court (III) Kanpur in adjudication case No. 175 of 1994, (number of the case is not clear at another place it is mentioned as 59 of 89). The matter which was referred to the labour Court was as to whether the action of employer Respondent No. 3 M/s. Lohia Machines, Kanpur terminating the service of its workman Petitioner who was draft man w.e.f. 17.12.1987 was just and valid or not. According to the Petitioner workman he was appointed on 03.07.1973, initially services were terminated on 27.07.1987, however, on the intervention of Additional Labour Commissioner, Kanpur, Petitioner was taken back in service and domestic inquiry was held against him and, thereafter, on the basis of recommendation of inquiry officer services were terminated on 17.12.1987. The employer contended that Petitioner was employed on 03.07.1978 that Petitioner was on medical leave from 15.07.1987 to 21.07.1987, however, he did not report on duty on 22.07.1987. It was further stated that Petitioner did not participate in the domestic inquiry, hence, ex parte inquiry was held against him and his services were terminated on 16.12.1987 and not on 17.12.1987.