( 1 ) THE petitioner joined the services of the respondent company in the year 1980 as a stipendary trainee. After the completion of the training he was continued as a clerk and was put on probation for a period of one year. After probation he was confirmed in the permanent post. The services of the petitioner came to be terminated on the ground of his unauthorized absence in spite of a call notice being given to him to report to duty. The said order of termination was challenged by the petitioner before the Labour Court by filing an application under Section 10 (4-A) of the Industrial Disputes Act. After contest the Labour Court set aside the order of termination, directed reinstatement and granted 50% back wages. Aggrieved by the said award of the Labour Court, the respondents preferred a Writ Petition before this Court in W. P. No. 24375/1999. This Court observed as under:

" 2. . . Even if the misconduct of unauthorised absence for the said period of less than two months is taken as duly proved for the first time before the Labour Court, the punishment of dismissal from service was disproportionate and the denial of 50% of back wages that the Labour Court has resor