BHARAT ELECTRONICS LTD Vs. ALOK KUMAR GARG

JUDGEMENT

(1.) SUNIL Ambwani, J. In this Second Appeal filed on 5th May, 1987 the Court issued notice on 7th May, 1987 to the respondent for final hearing. The appeal, however, could not be heard for almost two decades. The operation of the decree of the lower appellate Court dated 3-3-1987 confirming the decree of the trial Court, declaring the order dated 24-9-1980 terminating petitioner's services as Deputy Engineer (Mechanical), and for reinstatement with full back wages and also Rs. 9,350/- towards costs, was stayed by the Court. The stay vacation application filed on 10-7- 1999 is still pending.

(2.) THE appeal was admitted on 3-2-2003 without framing any issue summoning the record for final hearing. On the submissions of learned Counsel for the parties, the substantial questions of law, are framed as follows: (1) Whether the plaintiff's absence for eight consecutive days, would be deemed as leaving the services voluntarily and loss of lien in terms of Rule 25 of Executive Conduct (Discipline and Appeal) Rules of M/s. Bharat Electronic Ltd. , a public sector undertaking? (2) Whether a contract of personal service can be specifically enforced by the Civil Court?

(3.) THE plaintiff fell ill on 13-2-1980 and was not able to attend to his duties. He informed of his illness to the section head on the same day and made a request for medical leave. He then applied for medical leave with medical certificate to the Chief Administrative Officer at Sahibabad, where he was working under certificate of posting on 15-2-1980. He could not recover until 11-3-1980, and sent a request for extension of medical leave through registered post/a. D. followed by another medical certificate dated 18-3-1980.