BALLARPUR INDUSTRIES LTD. Vs. KARAN SINGH

JUDGEMENT

(1.) BY this writ petition, the employer is challenging the award of the Labour Court dated 4.10.1999 vide which workman/respondent No. 1 (hereinafter referred to as "respondent') was ordered to be reinstated with continuity of service and it was ordered that he be given an alternative employment on any other equivalent or similar post, he was holding.

(2.) RESPONDENT was a driver of the petitioners. He met with an accident on 9.1.1993. It is alleged that the accident took place because of the rash and negligent driving of Tractor Trolley driver. It suffered grievous injuries. He remained on medical leave under treatment.

(3.) THE petitioners have taken up a case that respondent had abandoned the job. However, if we consider the dale of accident on which the respondent sustained injuries, considering that lime must have been spent for taking treatment etc. the filing of the claim petition, cannot be said to be belated which would give rise to presumption of respondent having abandoned the job. Moreover, no other evidence has been shown to us from which the say of the petitioners that respondent had abandoned the job can be accepted,