TRANSPORT DEVELOPMENT CORPORATION Vs. JYOTIRMOY GUPTA

JUDGEMENT

(1.) Having regard to the nature of the facts involved, on consent of the parties, the appeal itself is taken up for disposal along with the application for stay, being C. A. N. No. 7505 of 2001.

(2.) This appeal is directed against the order dated 11th June, 2001 passed by the learned Single Judge, dismissing the writ petition filed by the appellant herein on the ground that no interference was called for with the order passed by the learned Judge, Third Industrial Tribunal on 8th September, 2000, on the application filed by the workman under section 15(2)(b) of the Industrial Disputes Act, 1947.

(3.) Admittedly, the respondent workman was appointed by the appellant Corporation with effect from 6th June, 1984 and he was confirmed in his post with effect from 1st October, 1986. While working at the Siliguri Branch of the Corporation, he made an application for leave from 9th January, 1993 to 22nd January, 1993, and thereafter for the reasons mentioned in the order of the learned Tribunal, he applied to the appellant for extension of his period of leave. The appellant Corporation asked the respondent workman to file a Doctor's certificate indicating the nature of his illness. Despite the same being submitted, the appellant Corporation was not satisfied and without holding any disciplinary proceeding, terminated the service of the workman on the ground that he had voluntarily abandoned his service.