BURHANPUR TAPTI MILLS LTD. Vs. STATE INDUSTRIAL COURT

JUDGEMENT

(1.) THIS petition under Article 226 or Article 227 of the Constitution has been filed by the Burhanpur Tapti Mill to quash the order of the Assistant Labour Commissioner dated 30 -8 -1956 and the order of the State Industrial Court, dated 12 -10 -19 -56 confirming that order.

(2.) THE respondent No. 3 Latur was employed as a sweeper in the mill belonging to the petitioner. He was granted leave on 23 -2 -1956 for the period extending from that date to 7 -3 -1956. On the expiry of leave the respondent No. 3 did not return to work. On 14 -3 -956 he made an application through the Rashtriya Mill Majdoor Sangh, Burhanpur, requesting for extension of leave. A telegram asking for extension was also sent by him on that date. On 14 -3 -1956 the petitioner refused the grant of leave and intimated the union about it. Later on 26 -3 -1955 he again applied for extension of leave, which was refused on 28 -3 -1956. Respondent No. 3 did not appear for work till 10 -4 -1956 and the petitioner treated him as having left the service under Standing Order 13 (4).

(3.) SHRI Dabir for the petitioner contends that the order of the Assistant Labour Commissioner was without jurisdiction and should, therefore, be quashed.