DEVIDAS KHANDERAO DESHMUKH Vs. MAHARASHTRA STATE CO OPERATIVE COTTON GROWERS MARKETING FEDERATIVE LTD

JUDGEMENT

(1.) RULE taken up for final hearing by consent of parties.

(2.) BY this writ petition invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the award dated 22-8-1990 passed by the Labour Court rejecting the reference submitted to it by the government of Maharashtra through Deputy Commissioner of Labour and consequently upholding the validity of termination order dated 24-4-1986 in relation to the petitioner issued by the respondent / Maharashtra State Cooperative Cotton Growers' Marketing Federation.

(3.) RELEVANT facts are as under: the petitioner was working as a watchman with the respondent from the season of 1979-80. He worked continuously till the end of each season from 1979-80 to 1985-86. The petitioner was assigned the work at dhamangaon Railway during the season 1985-86. During this period, the petitioner's wife had fallen ill and, therefore, he forwarded an application requesting the respondent to grant leave for the period from 14-1-1986 to 30-4-1986. The respondent asked the petitioner to join duties from 17-4-1986 but he was unable to report for duty and consequently the respondent terminated petitioner's service from 24-4-1986 in terms of Clause 22 (f) of Schedule I of the Model Standing orders appended to the Bombay Industrial Employment (Standing Orders)Rules, 1959 (for short the Model Standing Orders ).