KRISHNA SINGH Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, FARIDABAD

JUDGEMENT

(1.) The challenge herein is to the award dated December 31, 1980 Annexure P-3, of the Industrial Tribunal whereby it was held that the petitioner-workman had abandoned the job and thus, the rule of retrenchment was not applicable. Consequently, the reference was answered in favour of the management and against the workman. The present writ petition is at the instance of the workman claiming that he never abandoned the job, rather his name was struck off the rolls which amounted to retrenchment and consequently, the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short 'the Act') were required to be complied with and, therefore, he was entitled to reinstatement with continuity of service and full back wages.

(2.) The petitioner was in the employment of respondent No. 2 at a monthly salary of Rs. 346/- with effect from May 10,1977. He proceeded on leave for one month and nine days on April 17, 1979. Thereafter he applied for extension of leave upto June 10, 1979 through registered letter dated May, 25, 1979 and obtained fitness certificate dated June 11, 1979 and ultimately reported for duty on June 12, 1979. He was not allowed to join. His services were ultimately terminated on June 13, 1979. A demand notice, Annexure P-1, was served by the petitioner on June 18, 1979.

(3.) The case of the management, however, is that it did not receive any request from the petitioner for extension of leave nor was it extended. The workman was asked to report for duty which communication had admittedly been received by the workman. He having remained absent from duty unauthorisely, his name was struck off the rolls in terms of the Certified Standing Orders.