1. We have heard Mr. S. Deb learned senior counsel, appearing on behalf of the appellant, and Mr. B. Das learned senior counsel, appearing on behalf of the writ petitioner-respondent.

2. Before we deal with the question, which has been raised in the present appeal, and enter into the merit of appeal, certain salient facts, which are necessary to be taken into consideration for the purpose of disposal of this appeal, are set out, in brief, as under :

(i) The writ petitioner-respondent, while working as a Fire Supervisor under the Oil and Natural Gas Corporation CONGC'), hereinafter referred to as the 'respondent-Corporation', was granted leave and allowed to go, accompanied by his wife, to Kolkata for medical check­up/treatment by order, dated 28.2.1995, issued, in this regard, by the ONGC authority. By a subsequent order, dated 29.9.1995, issued by the ONGC authority, permission was accorded for treatment of the petitioner. However, the petitioner, thereafter, came to this court by filing a writ petition, under article 226 of the Constitution of India, with the grievance that when he, coming back from Kolkata, had reported, on 1.1.1995, to rejoin his duties, he was no