This is an appeal from the judgment of Balakrishna Iyer, J., making absolute the rule nisi and quashing the Award of the Labour Court,. Madras, in I.D. No. 27 of 1958. The appellant Venkatiah was employed in the Buckingham and Carnatic Mills Co., Ltd., the respondent. Service under the company is regulated by certain Standing Orders. Standing Order 8, sub-clause (2), provides that any employee who absents himself for eight consecutive working days without leave shall be deemed to have left the company’s service without notice thereby terminating his contract of service. If however he gives an explanation to the satisfaction of the management that his absence was due to sickness, then such absence shall be converted into medical leave for such period as the employee is eligible ; even otherwise, if he gives an explanation to the satisfaction of the management, the absence shall be converted into leave without pay or dearness allowance.

Venkatiah was granted leave by the management for a few days on 10th January, 1957. He was to have joined duty on 19th January, 1957. He did not do so till 11th March, 1957 when he appeared before the Labour Officer of the Mills