SHIV NARAYAN DHINGRA, J.

( 1 ) BY this writ petition, the petitioner has challenged the validity of award dated 17th October, 2003, passed by learned Labour Court, Delhi.

( 2 ) BRIEFLY, the facts relevant for purposes of deciding this writ petition are that the the respondent was working as a chowkidar with the petitioner with effect from 25th March, 1983. Due to his frequent absenting from duty for long periods without any permission, he was given adverse entries in his Confidential Report for the years 1989, 1990 , 1991 and 1992. He was also issued memo for remaining absented from work without any intimation and without any prior permission on 22. 2. 1991, 16. 6. 1991, 5. 4. 1991, 11. 2. 1992, 24. 2. 1992, 13. 4. 1992, 11. 5. 1992, 11. 6. 1992, 07. 4. 1994, 17. 11. 1994, 24. 10. 1995 and 6. 3. 1995.

( 3 ) THE respondent did not turn up for duty from 10th April, 1995 onwards and did not make any leave application or sent any intimation about the reasons for his absence for duty. The respondent was absenting from duty with effect from 10th April, 1995. The petitioner sent memos to the respondent about his unauthorized absence and calling upon him to join duty dated 28. 4. 1995,