MONOJIT SANYAL Vs. OIL AND NATURAL GAS COMMISSION

JUDGEMENT

(1.) This second appeal is directed against ex parte judgement dated 31 st of January, 1983 and decree thereof passed by learned Additional District Judge, 10 th Court, Alipore in Title Appeal No.731 of 1979 reversing the judgment and decree dated 31 st of May, 1979 passed by learned Sub-ordinate Judge, First Court, Alipore in Title Suit No.17 of 1971.

(2.) The appellant filed said suit alleging that he was an employee of the defendant statutory corporation being posted at Sonarpur office. The plaintiff became the VicePresident of the Union of the employees of defendant No.1 Company and incurred displeasure to his employer. He was forced to go on medical leave on 26.11.1969 and while on leave he received an order dated 25/27 of November, 1969 transferring him from Sonarpur office to Shibsagar, Assam. On 03.12.1969 he received another order of transfer dated 25 th November, 1969 transferring him from Sonarpur to Gauhati, Assam. He was further ordered to report to the General Manager, O.N.G.C. Nazira on the expiry of his leave. He received another order of transfer dated 16.03.1970 from Sonarpur to Camp Santipur, Gauhati and was directed to join there on expiry of his leave. Successive transfer orders created confusion and some of the transfer orders were illegal. The plaintiff was granted extraordinary leave with effect from 23 rd January, 1970 to 31 st January, 1970 by order dated 30 th January, 1970. The maximum limit of leave is six months and the maximum limit expired on 23 rd July, 1970. The matter was referred to Regional Labour Commissioner and as per his direction plaintiff appeared before the CMOH for medical examination and the plaintiff was declared fit to resume his light official duties. The plaintiff along with his medical certificate tried to resume his duties at Port Canning office, Sonarpur on 9 th of July, 1970 but he was not allowed to resume his duties. The plaintiff tried to join time and again but without any success. He sent several written representations but without any result. On 16 th of January, 1971 the plaintiff received a copy of letter from the President of Association stating that by an Order dated 2/4 January, 1971 passed by the General Manager, Eastern Region he was deemed to have been resigned his appointment in terms of Regulation No.14(5) of O. N. G. C. Leave Regulation, 1969 on the ground that he remained absent for a total period exceeding 180 days. Such order of deemed resignation was unauthorized, invalid and illegal and accordingly the plaintiff filed said suit for declaring that he was still in service and was entitled to get his salaries as per rule.

(3.) The defendant No.1 Company contested the suit by filing written statement. The material allegations of the plaintiff were denied. It was alleged inter alia that the job of the plaintiff was transferable and accordingly, he along with other staff of the Port Canning Office was transferred to other offices of O. N. G. C. The plaintiff was granted leave on medical ground till 31 st January, 1970 and his last date of attendance in the office was 25 th of November, 1969. The plaintiff was directed to report to the General Manager, Nazira for joining his new appointment on the expiry of his leave but he failed to report for duty in that place. As plaintiff remained absent for more than six months at a stretch he was deemed to have resigned his appointment in terms of Regulation 14(5) of O. N. G. C. The plaintiff was accordingly informed of said order dated 2/4 January, 1971. The plaintiff never went to join in Sonarpur office and there is no question of his joining at Sonarpur Office in view of issuance of transfer order. The suit was not maintainable in the Civil Court and was liable to be dismissed.