JUDGMENT - WaikarM.R., J.-This is a petition under Articles 226 and 227 of the Constitution of India for quashing the order of reference made by the respondents Nos. 1 and 2 and to quash the Award passed by the respondent No. 3.

2. The petitioner runs an establishment namely a restaurant under the name and style “Cafe Real” at Panaji, Goa. It is registered under the Shops and Establishments Act. The respondent No. 4 was in the employ-ment of the petitioner since the year 1973. Admittedly, since 1-3-1978, the respondent No. 4 did not report to duty. A dispute was then raised, for the first time, about 6 months thereafter on 26-9-1978 by the respondent No. 4 and the conciliation proceedings were held by the Assistant Labour Commissioner in respect of the alleged dispute. The contention of the respondent No. 4 was that he was removed from the service. Whereas the contention of the petitioner was that he used to remain absent from duty without any prior intimation and he abandoned the job from 1-3-1978 and never turned up. During the conciliation proceedings, the petitioner sub-mitted that in case the workman was not interested, he would be paid his gratuity, leave wages, if any, and o

Click Here to Read the rest of this document