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1993 Supreme(SC) 489

K.RAMASWAMY, KULDIP SINGH, V.RAMASWAMI
D. K. Yadav – Appellant
Versus
J. M. A. Industries LTD. – Respondent


Advocates:
ABHA R.SHARMA, AMIAN GHOSH, ANAND PARKASH, Ashish Varma, ASIM MALHOTRA, FOX MANDAL AND CO., MANOJ GOEL, R.K.JAIN, R.K.Khanna, R.P.SINGH PAL, SOM MANDAL

JUDGMENT

K. RAMASWAMY, J.—This appeal by special leave is against the award of the Labour Court, Haryana at Faridabad dated April 19, 1982 which was published in the State Gazette on August 10, 1982. It upheld the termination of the appellants service as legal and valid. The respondent, by its letter dated December 12, 1980 which was received by the appellant on December 19, 1980, intimated that the appellant wilfully absented from duty continuously for more than 8 days from December 3, 1980 without leave or prior information or intimation or previous permission from the management and, therefore, "deemed to have left the service of the company on your own account and lost your lien and the appointment with effect from December 3, 1980". In support thereof reliance was placed on clause 13(2)(iv) of its Certified Standing Order. The appellant averred that despite his reporting to duty on December 3, 1980 and everyday continuously thereafter he was prevented entry at the gate and he was not allowed to sign the attendance register. He pleaded that he was not permitted to join duty without assigning any reasons. His letter of December 3, 1980 was marked herein as Annexure A wherein he

























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