JUDGMENT

S.K. MISHRA, J.

1. The petitioner-workman has filed OJC No.1175 of 2001 and M/s. Tata Refractories Ltd., hereinafter referred to as the Management, has filed W.P.(C) No. 5067 of 2003 assailing the award passed on 22.11.2000 by the learned Presiding Officer, Labour Court, Bhubaneswar in I.D. Case No.97 of 1992, upholding the dismissal of the petitioner by the management.

2. The facts leading for filing of this writ petition before this Court may be briefly summarized as follows: –

The Government of Odisha in Labour and Employment Department referred the dispute between the Resident Director, M/s. Tata Refractories Ltd., Belpahar and its workman Dr. Ch. N.N. Mishra to determine if the dismissal of the Workman by the Management is legal and/or justified? If not to what relief Dr. Mishra is entitled?

3. The employee, hereinafter referred as the petitioner for convenience, has filed his statement of claim to the effect that he joined on 16.01.1980 as a Pathologist in the Hospital of the management and was heading the Pathology department. He has worked as such under the management. On 03.11.1984 there was a mishap in the house of the petitioner and the wife of the workman committed suicide. The petitioner thereafter availed leave from 05.11.1984 to 17.11.1984 by submitting leave application to the appropriate authority. He extended his leave from 18.11.1984 to 16.12.1984 and then up to 27.12.1984 and telegraphically intimated the management to extend leave upto 16.04.1985, on which date the petitioner surrendered before the learned Sessions Judge, Puri, where from he was sent to judicial custody till 28.03.1990 in connection with the death of his wife. As per orders of the High Court in Criminal Appeal No.202 of 1986, the conviction and sentence passed against the petitioner was set aside and the workman was acquitted from all the criminal charges leveled against him.

4. After acquittal of the petitioner in the criminal case and on his release from jail, he submitted a joining report in his letter dated 27.04.1990. In reply to the sand letter, the management intimated the petitioner that his services have been terminated with effect from 16.02.1985 as per the provisions contained in Clause XXIX and (i) of 21 of the Standing Order of the company for his continuous absence from duty from 05.11.1984. It is contended by the petitioner that the action of the management is illegal, arbitrary, mala fide and unsustainable in law as the same is in utter violation of tt1e principle of natural justice. According to the petitioner, no charges were framed against the petitioner nor there was any enquiry into the allegations and no opportunity of hearing was given to the workman and the action of the management was bad in law and is liable to be set aside. He also contends that though he was convicted by the Sessions Court, he was acquitted by the High Court and, therefore, he should be reinstated in service along with full back wages and continuity of service.

5. The Management has filed its written statement admitting that the petitioner was working as a Pathologist in the hospital of the management at Belpahar in supervisory and managerial capacity and was drawing monthly salary of Rs. 2200/- as on the date of dismissal and, as such, the reference under the Industrial Disputes Act is bad in law. It is also contended by the management that the petitioner is not coming within the purview of Section 2 (s) of the Industrial Disputes Act and therefore the Court has no jurisdiction to hear the case. The management further submits that the petitioner joined on 06.01.1980 as a Pathologist in the hospital of the management. The said post was in the officer grade and managerial cadre. The duty of the workman was mainly supervisory and managerial in nature. On 04.07.1984, the petitioner submitted an application for leave from 05.11.1984 to 17.11.1984 and without a waiting for the leave to be sanctioned, the workman left the headquarters. On 19.11.19