BASANT LAL VERMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has challenged the validity and legality of the award passed by the Labour Court declining to answer the reference in favour of the workman. The Labour Court held that the workman had left the services on his own accord and that the employers did not restrain him from working in the employers' establishment.

(2.) Before this Court the learned counsel for the petitioner submitted that the employers could not have struck off the name of the petitioner from the rolls without holding an inquiry and that the striking off the name from the rolls was violative of the certified Standing Orders of the Company. In support of his submission, the learned counsel has relied upon a decision of the Supreme Court in the case of L. Robert D Souja vs. The Executive Engineer, Southern Railway and anthers, 1982 44 FLR 250 and in the case of D.K.Yadav vs. M/s J.M.A. Industries Ltd., 1993 67 FLR 111.

(3.) There is no quarrel with the aforesaid proposition cited by the learned counsel for the petitioner, namely, that there cannot be an automatic loss on lien of service and that the name of the petitioner cannot be struck off from the rolls without holding an inquiry.