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2004 Supreme(SC) 1190

N.S.HEGDE, S.B.SINHA
State Of Punjab – Appellant
Versus
Jagir Singh – Respondent


JUDGMENT

S.B. Sinha, J.-These two appeals arising out of a common judgment and order dated 7.12.2000 passed by a Division Bench of the Punjab and Haryana in Civil Writ Petition No. 8212 of 1999 involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2. Jagir Singh, the Appellant in Civil Appeal No. 1167 of 2002 will be hereinafter referred to as the workman ; whereas the State of Punjab, Appellant in Civil Appeal No. 1168 of 2002, will be hereinafter referred to as the State .

FACTS :

3. The workman herein joined the service in the Punjab Roadways, Taran Taran, in the year 1965 as a driver. It is not in dispute that he absented himself from duty from 2.5.1979 to 3.8.1979. The workman did not apply for any grant of leave. He was asked to report for duty by a registered letter dated 22.6.1979 but despite the same he did not comply with said request. As regard his absence from duty, a notice was published in the newspapers but despite the same he did not join his duties within the time specified therein. The State, therefore, on the ground his being absent from duty, terminated his services with effect from 3.8.19




























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