I. S. MEHTA, J.

1. The present petitioner, i.e., Hotel Taj Palace (hereinafter referred to as the petitioner-management) has preferred the present Writ Petition under Article 226 read with Article 227 of the Constitution of India challenging the impugned order dated 19.12.2003 passed by the Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi (hereinafter referred to as the learned Labour Court/Industrial Adjudicator) in O.P. No. 568/1993.

2. The brief facts stated are that the respondent-workman, i.e., Shri Ravi Rohilla, was appointed as General Tradesman w.e.f. 02.07.1985 on a monthly salary of Rs. 2631.50 per month with the petitioner-management. The petitioner-management on finding him absent from his duty for a period of 84 days on 43 occasions which is violative of service condition rules clause 31 (i) (42), i.e., Habitual absence without leave and absence without leave for more than seven consecutive days, issued a show cause notice dated 07.09.1992 to the respondent-workman. The petitioner-management after going through the explanation given by the respondent-workman dated 12.10.1992 did not find the reply satisfactory and initiated the inquiry proc