ANGREJ SINGH Vs. PRESIDING OFFICER, LABOUR COURT, BATHINDA

JUDGEMENT

(1.) That the reference made under Sec. 10(1)C of Industrial Disputes Act, 1947, on the issue, as to whether, the service of workman have been validly terminated by the management or not, was answered against the petitioner-workman, with the observations that it is a case of abandonment instead of termination, through an Award dtd. 8/6/2000, which is under challenge before this Court, by filing the instant petition cast under Article 226/227 of the Constitution of India.

(2.) Learned counsel for the petitioner submits that, except Exhibit M/1 (Annexure-P-3), which was produced before the learned Tribunal concerned, there is nothing on record to substantiate that it is a case of abandonment. He further submits that even in the case the petitioner fails to report for duties, it was incumbent upon the management to issue a show cause notice and pass a termination order.

(3.) On the other hand, learned counsel for the respondent-management submitted that it is a clear-cut case of abandonment, as the petitioner-workman himself admitted that post dtd. 10/6/1993, he never reported to the management, and only after more than about three years, he made a request to the management for taking him back on duty.