BEST WORKERS UNION BOMBAY Vs. BEST UNDERTAKING

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India is directed against an order of the Industrial Court, Bombay, dated June 23, 1988, made in Appeal (IC) No. 79 of 1986 under the provisions of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as 'the Act' ).

(2.) THE Petitioner is a registered and representative Union of the employees working in the transport Section of the First Respondent, which is an Undertaking of the Bombay Municipal corporation doing business of transporting of passengers by bus and supply of electricity within greater Bombay. The Industrial establishments of the First Respondent are covered by the provisions of the Act.

(3.) SUBHASH Shah was employed as Assistant Fitter in the service of the First Respondent in the transportation Engineering Department and his services were terminated under Standing Order 26 (1) (i) for the reason that the workman was absent for 184 days and on leave without pay for 232-1/4 days during the period January 1, 1979 to December 12, 1981. The First Respondent was of the view that the concerned employee used to remain away from work on various grounds as a result of which his service was not available to the First Respondent Undertaking for long periods. During the period 1976 to 1981, the employee was away from work for 193 days, 134-3/4 days, 246 days, 351-3/4 days, 269 days and 242 days, respectively, in each year.