REGENT COMPUTRONICS PVT. LTD.

Sudershan Sethi Appellant

V/S

STATE OF J AND K Respondents

Referred Judgements :-

PEARCE V. FOSTER [REFERRED]
LAW V. LANDON CHRONICAE INDICATOR NEWSPAPERS [REFERRED]
SATUBHA K. VEGHELA V. MOOSA RAZA [REFERRED]
B.P. CHAURASIA V. STATE OF M.P. [REFERRED]
STATE OF U.P. V. SADANAND MISHRA [REFERRED]
COUNCIL OF CIVIL SERVICES UNION V. MINISTER FOR CIVIL SERVICES [REFERRED]
BAKSHAK INDRA NARAIN TRIPATHI V. UNION OF INDIA [REFERRED]
KULBIR SINGH V. STATE [REFERRED]
KAMLESH SHARAN V. UNION OF INDIA [REFERRED]
RAJESH KUMAR TRIPATHI V. STATE OF U.P. [REFERRED]
A. SUDHAKAR V. EXECUTIVE DIRECTOR [REFERRED]
M. KRISHNA RAJU V. E.S.I.L. HYDERABAD [REFERRED]
SUPDT. OF POLICE V. JOY DEV ROY [REFERRED]
JAI SHANKER VS. STATE OF RAJASTHAN [REFERRED]
MAFATLAL NARANDAS BAROT VS. J D RATHOD DIVISIONAL CONTROLLER STATE TRANSPORT MEHSANA [REFERRED]
S GOVINDA MENON VS. UNION OF INDIA [REFERRED]
DEOKINANDAN PRASAD VS. STATE OF BIHAR [REFERRED]
STATE OF ASSAM VS. AKSHAYA KUMAR DEB [REFERRED]
UNION OF INDIA VS. J AHMED [REFERRED]
GLAXO LABORATORIES INDIA LIMITED VS. PRESIDING OFFICER LABOUR COURT MEERUT [REFERRED]
VED PRAKASH GUPTA VS. DELTON CABLE INDIA PRIVATE LIMITED [REFERRED]
A L KALRA VS. PROJECT AND EQUIPMENT CORPORATION OF INDIA LIMITED [REFERRED]
RANJIT THAKUR VS. UNION OF INDIA [REFERRED]
V R KATARKI VS. STATE OF KARNATAKA [REFERRED]
S N MUKHERJEE VS. UNION OF INDIA [REFERRED]
STATE OF HARYANA VS. D L UPPAL [REFERRED]
GOVERNMENT OF TAMIL NADU VS. K RAJARAM APPASAMY [REFERRED]
RAHUL BUTALIA VS. STATE BANK OF INDIA [REFERRED]
ANJULA PAL ROY VS. STATE OF WEST BENGAL [REFERRED]
SHARDA PRASAD TIWARI VS. DIVISIONAL SUPERINTENDENT CENTRAL RAILWAY NAGPUR DIVISION [REFERRED]
M ARUNACHALAM VS. TAMIL NADU ELECTRICITY BOARD [REFERRED]
DEVI KEWALRAM MADRANI OF BOMBAY VS. PREMIER HIGH SCHOOL [REFERRED]
KAILASH PARSHAD SHARMA VS. LABOUR COURT [REFERRED]
GURSEWAK SINGH VS. PRESIDING OFFICER LABOUR COURT [REFERRED]
MOHD ASLAM VS. STATE OF J&K [REFERRED]
RAJINDER KUMAR VS. STATE OF HARYANA [REFERRED]
ATUL KRISHNA KUNDU VS. UNION OF INDIA [REFERRED]
DR. (MISS) MALTI BATRA VS. STATE OF PUNJAB THROUGH SECRETARY TO GOVT. OF PUNJAB [REFERRED]
STATE OF PUNJAB VS. AMAN KUMAR [REFERRED]
STATE OF PUNJAB VS. OM PARKASH [REFERRED]

JUDGEMENT

(1.) Absence from service has been treated as a mis-conduct. The services of the petitioner have been brought to an end. Relationship of master and servant stand snapped under the Service Regulations namely Article 113 of Jammu and Kashmir Service Regulations. These regulations make a provision to the effect that if a particular employee remains absent for a specified period, then his service would automatically come to an end. It is this action of respondent-authorities which is subject matter of adjudication in this petition. The facts in brief are as under :

(2.) Respondents have filed the return. It is stated that the petitioner remained absent for quite some time. It is the case of the respondents that the petitioner did not join her duties after summer vacation of 1980. As the petitioner remained absent from duties for more than five years, therefore, she would be deemed to have forfeited her job in view of deeming provisions contained in Article 113 of the Service Regulation referred to above. It is further stated that no leave letter was ever sent by the petitioner and the story as put up in the petition regarding sending of the leave letters is in- correct. In these circumstances, it is stated that the stand of the respondent-authorities, which was communicated to the petitioner vide letter No. Estt/3389 dated 22nd of June 1987 that she is not entitled to join the duties is absolutely correct.

(3.) The question as to whether absence from service or abandonment of service which term has been used in the Industrial Law is per se mis-conduct and the relationship of master and servant can be brought to an end with or without holding enquiry, is required to be gone into in this petition. The questions which would naturally arise for determination are being serialised below :

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SUDERSHAN SETHI Vs. STATE OF J & K

Referred Judgements :-

JUDGEMENT

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