JUDGMENT :

Dr. B.R. Sarangi, J.

1. The Petitioner has filed this application seeking for a direction to Opp. Party No. 3 to accept his joining report dated 22.04.1999 & allow him to resume duty & also grant all consequential service benefits as due & admissible in accordance with law. The short fact of the case in hand is that the Petitioner was engaged as an Ancillary Worker under F.C.I., F.S. Depot, Dhenkanai, pursuant to which he joined on 06.07.1992. Accordingly, an Identity Card was issued by the District Manager of the Corporation registering him as Ancillary Worker having registration No. 181 vide Annexure-1. The Petitioner was also enrolled as a member of a registered trade union as per Annexure-2. As he was critically ill, he was advised complete bed rest & medical certificate in support of such illness has been produced vide Annexure-3. After he was found fit, a joining report was submitted on 22.04.1999 before the Opp. Party No. 3 vide Annexure-4. The said joining report has not been accepted. Therefore he approached the Opp. Party No. 2 by filing representation vide Annexure-5 dated 14.5.1999 to allow him to discharge duty as before. But till date no action has been taken by Opp. Party No. 2. Thereafter, as no action has been taken, the Petitioner has submitted a fresh representation before the Opp. Party No. 3 on 17.06.1999 vide Annexure-6 to allow him to resume duty, but till date no action has been taken on the said representation. Hence, this application.

2. Mr. S.K. Dash, Learned Counsel for the Petitioner, states than as the Petitioner was not allowed to join or resume duty, the same mounts to termination of service, which is in gross violation of the provisions under the Industrial Dispute Act as well as principles of natural justice. Therefore, he seeks for a direction to Opp. Party No. 3 to accept the joining report of the Petitioner & grant him all consequential service benefits admissible in accordance with law.

3. Pursuant to notice issued by this Court on 8.7.1999, Mr. S.K. Nayak-1, Learned Senior Counsel & associates have entered appearance for Opp. Party Nos. 1 to 3 by filing Vakalatnama on 28.08.1999. But no counter affidavit has been filed till date nor has the contention raised by the Petitioner been rebutted in any manner in order to dislodge the claim made by the Petitioner.

4. Considering the contention raised by Learned Counsel for the parties & after going through the records, since no materials has been placed before this Court by the Opp. Parties & since there is no rebuttal contention raised by the Opp. Parties, applying principles of doctrine of non-traverse, this. Court proceeded with the matter on the basis of the materials available.

5. The sole contention raised by Mr. S.K. Dash, Learned Counsel for the Petitioner is that the Petitioner was not allowed to discharge his duty pursuant to joining report dated 22.04.1999 filed before the Opp. Parties & thereafter the same was submitted by registered post with A.D. on 17.06.1999. Non-acceptance of joining report, amounts to termination of service & for termination of service, mandatory provisions under the Industrial Disputes Act are required to be followed. The same having not been followed, termination itself is void ab-initio.

6. Relying on the ratio decided in Pradeep Kumar Mohanty v. State of Orissa & others 1994 (I) OLR 480, it is contended by the Learned Counsel by the Petitioner that the mandatory provision of Industrial Dispute Act having not been followed, the Petitioner continues to be in service till he attains the age of superannuation or till his dismissal or retrenchment or termination from service, as the case may be, by following due procedure of law. Since the Opp. Parties have not refuted the contention raised by Learned Counsel for the Petitioner, they deemed to have admitted that the so called Non-acceptance of joining report is as good as termination of services violating the principles of natural justice.

7. In paragraph-11