RAJINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of Civil Writ Nos. 2640 and 2668 of 1987. The facts, as stated in Civil Writ Petition No. 2640 of 1987 may be noticed.

(2.) The petitioner herein was appointed as a Sign Board Painter vide order dated Aug. 16, 1979. It is averred that the petitioner proceeded on leave from Oct. 28, 1985 to Nov. 10, 1985. It is further stated that when the petitioner reported back for duty on Nov. 11, 1985, he was not permitted to join. He sent a notice to the Labour Inspector on the same day pointing out these facts with a copy to the Factory Manager as well. When the Management did not appear in response to the repeated notices from the labour inspector, the petitioner served a notice of demand on Feb. 3, 1986. His prayer for reference of the dispute to the Labour Court having been declined by the Government vide order dated Jan. 16, 1987, the petitioner has approached this court through the present writ petition.

(3.) In the written statement filed on behalf of the respondents, it is claimed that the petitioner had remained absent after Nov. 11, 1985. It has been further averred that his name is still borne on the rolls of the factory. Since the petitioner had failed to join duty "in spite of the reminders" charge-sheet issued to the petitioner on account of continued absence is also pending enquiry. The respondent claims that there is no dispute which may require to be settled by the Labour Court.