JUDGMENT

S.N. Variava, J.-This Appeal is against an Order dated 13th May, 1998 by which the writ petition filed by the Appellant has been dismissed.

2. Briefly stated the facts are as follows :

The 1st Respondent was appointed as unskilled workman w.e.f. 9th September, 1974 and was then promoted to the post of a semi-skilled worker w.e.f. 7th June, 1975.

3. On 1st August, 1976 the Respondent s name was removed from the roll of the Company under Standing Order 9.3.12. The said Standing Order reads as follows :

"9.3.12 Any workman who remains absent from duty without leave in excess of the period of leave originally sanctioned or subsequently extended for more than 10 consecutive days, he shall be deemed to have left the services of the Company of his own accord, without notice, thereby terminating his contract of service with the Company and his name will, accordingly, be struck off the rolls."

The Respondent raised an industrial dispute, which was referred for adjudication to the Labour Court, Lucknow.

4. By an Award dated 20th July, 1984, the Labour Court held that there was retrenchment. The Labour Court held that as the provisions of law, regarding retrenchment, had not been followed t