CHANDER KANT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The challenge in the writ petition is to a direction for compensation of Rs. 60,000/- rupees in lieu of reinstatement. The workmans complaint is that he had been employed as Operator/Grinderman w.e.f. 04.04.1989, but his services were terminated without any reason in February, 1993. The response by the management was that it was not a case of termination but a case of abandonment of service, when the workman had absented himself from duty on 05.02.1993 without applying for leave and stayed beyond a period of 10 days without obtaining sanction for leave. The respondent had issued a telegram on 26.02.1993 and gave again a letter on 02.03.1993 directing the workman to join the service and in default, reminding the workman that as per the relevant Standing Orders under Clause 6(g) the name would be struck off.

(2.) The workman had a justification for his absence that his wife had died on 10.02.1993 due to burn injuries which was the basis of registration of FIR and prosecution for offence under Section 302 IPC against the workman. The workman had himself suffered burn injuries and remained in hospital from 09.02.1993 to 24.02.1993. He was later taken into custody by police and after 26 days, he came out on bail. He went to the office to find out that his name had been struck off on 09.03.1993. He had been persisting with the management for taking him back and the management which was assuring him of due consideration for reinstatement, did not offer employment that impelled the workman to issue a notice on 09.03.1994 after nearly a period of 1 years. The delay was on account of the assurances which the management was giving that they would take positive decision and only when they failed to reinstate him, he was constrained to issue notice and later obtained a reference for adjudication before the Labour Court.

(3.) The Labour Court found that the Standing Orders themselves cannot be the basis for treating the absence of a workman as the voluntary abandonment and rules of natural justice must be read into the Standing Orders and the termination made without any form of enquiry, was bad in law but however, finding that there was no justification for a delay of 1 = years in issuing notice and seeking for a reference, awarded only the relief of compensation in lieu of reinstatement.