1. By the present petition the Petitioner seeks setting aside of the order dated 2September, 2004 passed by the Presiding Officer, Labour Court, Delhi whereby the learned court allowed the application of the Respondent under Order XIV Rule 5 read with Section 151 CPC and ordered framing of additional issues and the award dated 30July, 2008 whereby the learned Presiding officer held that the workman Petitioner abandoned his service and thus, refused to grant him any relief.

2. Learned counsel for the Petitioner contends that in the present case no intention of abandonment of service has been made out against the Petitioner. In fact, on termination of his service on 3June, 1999, the workman had promptly made a representation to the Respondent/ Management vide demand notice dated 10June, 1999 through central labour union asking them to reinstate him in service with immediate effect. To constitute abandonment there must be total or complete giving up of duties so as to indicate an intention not to resume the same. However, in the instant case no such intention can be imputed on the workman when he was diligently pursing his case before the Management. Reliance is placed on G.T.