GAMMON INDIA LIMITED Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The petitioner has prayed for setting aside the award dated May 20, 1997 pronounced on January 14, 1998 by the Presiding Officer, Labour Court, Ranchi (respondent no. 1) in Reference Case No. 15 of 1992 (Annexure 1) directing reinstatement of respondent no. 2 with full back wages and consequential benefits.

(2.) The following dispute was referred for adjudication by notification dated December 14, 1992:

(3.) The case of respondent no. 2 was as follows. He was appointed as Assistant Mechanic on September 27, 1982 and continuously worked till April 12, 1984. He proceeded on leave on April 13, 1984 due to his sickness with due permission but he could not join his duty on expiry of leave due to serious sickness of his father. After four days of expiry of the sanctioned leave, when he reported for duty on April 21, 1984, he was not allowed to join on the plea that he should get his leave sanctioned by the Head Office of the petitioner Company. Thereafter he reported for duty every day but he was not allowed. He was promised that sanction of leave will be obtained from the Head Office. Thus he had been on continuous service as there was no cessation of employer- employee relationship.