SARASWATI MEHRA @ SAASWATI MAHAR Vs. HINDUSTAN COPPER LTD.

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) By the impugned order dated 7.11.1988, Annexure 6, the petitioner was terminated from service. The petitioner's name has been removed form the roll of the officers of the company and her services stood terminated.

(3.) The petitioner, at the relevant point of time, was working as Matron under the respondent Corporation. It is contended on behalf of the petitioner that she had proceeded on leave after making an application on 30.4.1988 in the office of Acting Chief Medical Officer, enclosing there with a telegram that her mother had died. The petitioner thereafter extended her leave by way of telegram dated 25.5.1988. It was followed by another letter dated 1.6.1988 stating that she had fallen sick and was undergoing treatment. According to the petitioner she was pregnant at that point of time. Thereafter the petitioner was served with a notice asking her to explain the reasons for unauthorized absence. In response to the same the petitioner sent a letter dated 9.9.1988 enclosing medical certificates dated 10.5.1988 and 27.5.1988 respectively with request for leave. Thereafter on 15.9.1988 again she was informed of her continued absence in an irregular manner for prolonged period and was advised to report for duty by 26.9.1988 after expiry of the period of rest advice contained in the medical certificate dated 27.5.1988. She was also asked to submit a medical certificate of the Civil Surgeon/Chief Medical Officer, Lucknow where she was staying during her absence from duty for allowing her to join duty. It is submitted that thereafter she again sent a letter on 19.9.1988 informing that she requires to undergo further treatment and would try to submit her joining on 26.9.1988. This was followed by another telegram sent form Lucknow dated 7.10.1988 with a request to extend the medical leave. However, it is submitted on behalf of the petitioner that the respondents even after such repeated communications have struck her name off the roll of the officers of the company and terminated her treating her absence to be abandonment of service.