NIRMALENDU ROY Vs. STEEL AUTHORITY OF INDIA

JUDGEMENT

(1.) This appeal and writ application were directed to Be heard together, in view of the order passed by one of us (S.B. sINHA, J.) sitting singly dated November 12, 1998. The fact of the matter lies in a narrow compass. The petitioner/appellant is an employee of the Steel Authority of India Limited. He was dismissed from his services in terms of the standing orders framed by the respondents under the provisions of the Industrial Employment (Standing Orders) Act, 1946. The said order of dismissal was the subject-matter of C.R. No. 3819(W) of 1982. By a judgment and order dated March 4, 1994, the learned single Judge had, inter alia, directed:

(2.) As against the said order, the petitioner preferred an appeal which was marked as F.M.A. No. 204 of 1997 and by an interim order dated August 4, 1994, a Division Bench of this Court directed as under:

(3.) The appellant/petitioner was appointed as a Junior Operator Grade-Ill and thereafter had been working as Shipper H.T. and B.B.F. Department of Alloy Steel Plant, Durgapur. He allegedly sought for 'Casual Leave' for 11 days w.e.f. January 28, 1982 to February 7, 1982 and further sought for extension of such leave by his letter dated February 6, 1982 from February 8, 1982 to February 22, 1982. He further allegedly extended his leave by a letter dated February 20, 1982 w.e.f. February 23, 1982 to March 4, 1982, and also he again allegedly sought for extension of leave by a letter dated March 2, 1982 w.e.f. March 5, 1982 without pay for 90 days only. The appellant/petitioner was, however, directed to report for duty by February 22, 1982 failing which it was to be presumed that he had abandoned his service.