MUKTA GUPTA, J.

1. By the present petition the Petitioner challenges the award dated 19November, 2007 whereby the learned Tribunal held that the termination of the Respondent without holding an enquiry is neither legal nor justified and thus directed reinstatement of the Respondent without back wages and granted liberty to the Petitioner to conduct an inquiry regarding the unauthorized absence of the Respondent and take appropriate action thereon.

2. Learned counsel for the Petitioner contends that the Respondent unauthorizedly absented himself and in a case of abandonment, if show cause notice is given, no enquiry is required to be conducted. Adverting to Clause 12 of the Certified Standing Order and Clause 25 of the Leave Rules of the Corporation, it is contended that in case of loss of lien, the workman is deemed to have voluntarily left the services without notice to the Corporation. The Respondent has taken contrary stands in his claim and in the appeal filed before the Appellate Authority. Even as per the Tribunal, no leave application was filed and only intimation was given. Further there is no proof that the Respondent actually sent the alleged intimation to the Peti