B.P. Dharmadhikari, J.

Petitioner - Employer has challenged the order dated 16.02.2005 passed by the Industrial Court, Nagpur in complaint ULP No. 282/1996 declaring that, by issuing charge sheet dated 10.01.1996, it had indulged in unfair labour practice falling under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the MRTU & PULP Act" for short).

2. The facts on record reveal that the respondent No. 2 employee did not report for duties from 07.11.1991 and filed ULPA Complaint vide ULP Complaint No. 379/1992, before the 2nd Labour Court, Nagpur contending that he was on ESI leave and has been orally terminated on 03.06.1992. He also sought interim relief by moving application u/s 30[2] of the MRTU & PULP Act and, Labour Court on 17.05.1995 directed petitioner - employer to provide him work. On 10.01.1996, the employer issued charge sheet alleging that employee was unauthorizedly absent from 05.11.1991 and filed a false case against the company before the Labour Court, thereby committing misconduct under Clause 24 [f], [h] and [l] of the Model Standing Orders.

3. The employee