JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Application of Clause 16 of the Shastri Award is in question in this appeal which arises out of a judgment and order dated 16.10.2006 passed by a Division Bench of the High Court of Madhya Pradesh at Indore in Writ Appeal No.322 of 2006 whereby and whereunder a judgment and order dated 29.10.2004 passed by a learned Single Judge of the said Court in writ petition No.521 of 2004 was affirmed.

3. Respondent has admittedly been in employment of the appellant bank since 1973. On or about 22.7.1986, he had taken four days’ leave upto 25.7.1986. He extended his leave from 26.7.1986 to 1.8.1986. He neither joined his services nor filed any further application for extension of leave.

Two memos dated 4/5.8.1986 and 18.8.1986 were issued. A letter dated 13.10.1986 was thereafter issued which was returned to the bank with an endorsement ‘Refused’. The said letter reads as under :

“With Reference to our office letters dated 5.8.1986, 18.8.1986 requesting to submit proper leave application and reasons of remaining absent from the Bank.

Mr. V.K. Neema has not submitted any application after 2.8.1986 and reasons of his remaining absent from the duties