J C MILLS LTD Vs. GHAN SHYAM

JUDGEMENT

(1.) J.C. Mills Ltd., Birlanagar has challenged the order passed by the Industrial Court, whereby respondent No. 1 was ordered to be reinstated. A further direction has been given that back wages be paid with effect from 6th August, 1984. Back wages earlier to this period have not allowed as the plea of retrenchment was taken during the pendency of the proceedings.

(2.) Brief facts which has led to the filing of this petition be noticed.

(3.) Respondent No. 1 preferred an application before the Labour Court, Gwalior. This application was preferred under Sections 31(3), 61 and 62 of the M.P. Industrial Relations Act on 28th August, 1980. It was recited therein that the petitioner was in the employment of the Mill with effect from 1970 in Drawing Khata Shift. He was working against the post of "Reacher". The respondent No. 1 took a plea that he had gone to Agra on 7th November, 1979. He fall ill and was absent up to 19th November, 1979. He applied for leave. He wanted to rejoin. The petitioner was, however, not allowed to resume his duties. On the basis of the plea of abandonment of service, services of respondent No. 1 were brought to an end.