MANAGEMENT OF SHIVA FLOUR MILLS Vs. WORKMEN

JUDGEMENT

(1.) This is an application by an employer to call up and quash the award of the Industrial Tribunal, Bihar, in Reference Case No. 63 of 1967, a copy of which is Annexure '1' to the writ application. The short facts necessary to be stated for the disposal of this writ case are these. Shri Sudarsan Panda was an employee of the petitioner. He made an application to the Management on the 11th of March, 1967, praying for one and a half months' leave with effect from the 13th March, 1967, to the 27th April, 1967, on certain grounds. The Management granted to him leave only for fifteen days. The leave, accordingly, was to expire on the 27th March, 1967, and the workman concerned had to report and resume his duties on the 28th March, 1967. According to the case of the Management, he failed to join his duty on the 28th March, 1967, Therefore, it sent a reminder under letter No. 1265 dated the 1st April, 1967, directing him to report on duty latest by the 10th April 1967. The workman did not report for duty even by that date. Thereupon, the Management proceeded to terminate his services and did terminate them with effect from the 14th April, 1967 and sent an intimation by registered cover to that effect to the workman concerned.

(2.) The case of the workman is that he had gone on leave and applied for it for a month and a half from the 11th March, 1967 and that he had been orally informed that he had been granted one month's leave. He sent a petition from his home to the Management requesting extension of his leave. On the 29th April, 1967, he came and filed a petition along with a medical certificate about the illness, but the Management refused to accept it and told him that his services were not required any more. The stand of the workman was that the termination of his services was without any justification, it was illegal and he ought to be reinstated.

(3.) An industrial dispute was raised by the workmen represented by Mill Workers' Union. Bhikhampur, Bhagalpur (respondent No. 1). Thereupon, a reference was made by the State Government Under Section 10 of the Industrial Disputes Act, 1947, for adjudication to the Industrial Tribunal, Bihar. The reference was in the following terms: