ORDER

1. The respondent was employed as a workman by the appellants. The respondent remained absent from duty with effect from 25-8-1982 without any leave or intimation so the absence from that date was unauthorised. In terms of clause 9.3.12 of the standing order, the appellants treated this absence for more than 10 days as termination of the contract of service as he was deemed to have left the service of the appellant on his own accord and his name was accordingly struck off. A letter to this effect dated 4-9-1982 was issued by the appellants addressed to the respondent. The respondent continued to remain absent and it was by a letter dated 19-11-1982, the respondent sent a reply to that letter saying that he had been ill. However, the respondent even after this remained absent and took no action to assail the order dated 4-9-1982 issued by the appellants. Several years later in 1989, the respondent filed a writ petition under Article 226 of the Constitution directly in the Allahabad High Court, Lucknow Bench for quashing the appellants letter dated 4-9-1982. That writ petition has been allowed and the respondent has been granted relief of reinstatement with three years back wag