2016 Supreme(Chh) 120

IN THE HIGH COURT OF CHHATTISGARH, BILASPUR
Sanjay K. Agrawal, J.
Simplex Castings Limited, Unit-I, Bhilai, through its Senior Manager, Personnel, Y.M. Dave, son of Late Shri Mukund Dave - Petitioner
Versus
Pragatisheel Engineering Shramik Sangh and Ors. - Respondents
Writ Petition No.4937 of 1999
Decided On : 11-05-2016

Headnote:

Constitution Of India1950 - Article 226 - Industrial Relations Act 1960 - Section 25-B - Exercise of jurisdiction - Payment of compensation - preliminary objection questioning competency of reference particularly to terms of Reference No-3- se objections were decided by Division Bench of Madhya Pradesh Industrial Court Indore by order rejecting objection so raised and matter was remanded to Industrial Court Raipur for adjudication on merits but thereafter matter was referred to Full Bench of High Court of Madhya Pradesh to decide said question- Full Bench of High Court of Madhya Pradesh by order directed Industrial Court Raipur to decide reference so made on merits as per law on hearing parties services and even termination orders were not passed and not communicated to concerned workers were paid any retrenchment compensation nor one month’s notice or notice pay was paid - It was also pleaded that junior workers than workers covered in Reference were retained and y are still in employment of second party/employer and new employees were also recruited and action of second party/employer is wholly illegal being in contravention of Certified Standing Order workers were and are always willing to work from whom y have been and being deprived illegally and unjustifiably and it was prayed that reinstated in services along with all benefits/wages/compensation –Held, Principles of natural justice have been observed by second party/employer no such opportunity appears to have been given to se employees informing nature of complaint against m with an opportunity state case and second party/employer has further failed to show that second party/employer has acted in fair reasonable and just manner- It is well settled that relinquishment of service is question of intention and intention cannot be attributed to employee without adequate evidence in that behalf- In case in hand it is apparent that above-stated employee remained absent with object of compelling second party/employer to accept demands which cannot be said to abandonment service Lordships of Supreme Court in matter of Express Newspaper - Ltd- (supra) and therefore award passed by Industrial Court in respect of employee cannot be said to be illegal warranting interference by this Court employee cannot be termed as a slave he has right to abandon service any time voluntarily by submitting his resignation and alternatively not joining duty and remaining absent for long- Absence from duty in beginning may be a misconduct but when absence is for a very long period it may amount to voluntary abandonment of service and in that eventuality bonds of service come to an end automatically without requiring any order be passed by employer Bridge Corporation Ltd - This case is not applicable to facts of present case as in that case certified standing order clearly provides for abandonment of service whereas re is no such provision in certified standing order applicable herein which is apparent from following observation of Supreme Court in that case Workmen-Union has failed to establish existence of relationship between workers with that of second party-employer by leading appropriate legal evidence - adverse finding recorded by Industrial Court placing burden of proof on second party-employer and granting compensation is contrary to law and perverse to record therefore award to that extent deserves to be set aside and is accordingly set aside consequence of above-stated discussion impugned award in part recording finding contrary to what has been held herein-above with regard existence of relationship of employer-employee between m except employees mentioned of this order is hereby set aside and result to that order granting compensation to extent hereby set aside in part- second party/employer is directed to make payment of compensation above-stated twenty-seven employees within four weeks from today if not already paid and resultantly Writ Petition second party-employer would stand allowed to extent indicated herein-above – Order accordingly