ORDER

1. The appellant was serving as Assistant Wireman with the respondent Board. He left his services on 10-4-1980. On 3-1-1982 the Board issued notices to the respondent asking him to resume his duties. Since he did not resume his duty on 15-1-1982 the notice was sent asking him to appear in the enquiry which was being conducted against him on the ground of misconduct and abandonment of service. There is no dispute that these two notices issued by the Board were served on the appellant. The defence of the appellant is that at that point of time he was insane hence ~as not in a position to defend the enquiry. The Board having not received response from the appellant workman held domestic enquiry ex parte in which it came to the conclusion that the appellant had abandoned his services and hence removed him from their services. After six years, that is, in the year 1993 the appellant herein 9 moved the application under Section 2-A(2) of the Industrial Disputes Act before the Labour Court which set aside the termination order of the appellant dated 20-9-1982. The Tribunal after hearing both the parties came to the conclusion that such an application was maintainable but it held tha