K. Vinod Chandran, J.

1. The short question that arises in the appeal is whether the appellant-Company, in whose employment the 1st respondent was, could recover from the gratuity; leave salary paid and salary in lieu of notice prescribed for resignation. On facts, suffice it to say that, the 1st respondent applied for long leave for the period 15.01.2003 to 14.04.2003 for the purpose of visiting his friends and relatives abroad, and then later applied for special leave for two years from 01.02.2003 to 31.01.2005. Admittedly the three months leave initially applied for was allowed by the Company. When subsequently special leave for two years was applied for, for the purpose of taking up employment in United Arab Emirates (UAE), the Company woke up to the fact that the 1st respondent had not complied with a circular applicable to the employees while undertaking foreign travel.

2. Since the conditions in the circular were alleged to have been not complied with, disciplinary proceedings were initiated and the 1st respondent was also directed to report for duty, failing which the disciplinary proceedings were to be continued ex parte.

The 1st respondent did not report for wo