High Court Of Delhi
INDIAN TOURISM DEVELOPMENT CORPORATION LIMITED - Appellant
Versus
DELHI ADMINSTRATION - Respondent
Civil 1742 of 1981
Decided On : 01/29/1982
( 18 ) IN C. W. P. No. 713 of 1981, M (s. India Tourism Development Corporation (for short called the Corporation) impugne the legality and validity of the award dated September 26, 1980 made by the Presiding Officer, Labour Court, Delhi on other grounds. The challenge is on these facts. Missaziz Marry Marcelina ('for short called the workman) was employed as a Trainee House Keeper since October 20, 1971 and was in the employment of Akbar Hotel of the Corporation. She applied for leave from December 22, 1973 to December 25, 1973 (both days inclusive) and the leave applied for was sanctiononed by the Corporation. She was scheduled to reort for duty on December 27, 1973 because December 26, 1973 was her. weekly off. The case of the Corporation is that after the leave originally sanctioned to her, no information, either orally or in writing, was received by the Corporation and as she failed to report for duty till January 3, 1974, she lost. the lien on her appointment and resultantly, her name stood struck off automatically from the rolls with effect from January 4, 1974 in terms of Model Standing Order No. 9 (3)' of Schedule I of the Industrial Eimplolyment ' (Standing! Orders) "central Rules, 1946 which is applicable to the Corporation. The said Rule reads :
"if the workman remains absent beyond the peariod of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he (a) returns within 8 days of the leave and (b) explains to the' satisfaction of the employer or the officer specified in this behalf by the employer his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall be entitled to be keep on the badli list. "the Corporation by letter dated January 4, 1974 addressed to the workman recorded the fact that she had lost her lien on her appointment in Akbar Hotel with effect from January 4, 1974 (afternoon) and called upon the workman to collect her dues in full and final settlement of her accounts. The stand
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