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2009 Supreme(P&H) 1333

K.KANNAN
Chief Engineer, P. W. D. Public Health Branch, Patiala – Appellant
Versus
Presiding Officer, Labour Court, Patiala – Respondent


JudgmentJudgment

K.Kannan, J.

1. The two writ petitions relate to the same award passed by the Labour Court, Patiala, one at the instance of the workman rejecting reference on the ground of limitation and another at the instance of the management, against the finding that the termination was bad and in violation of Section 25-F of the Industrial Disputes Act.

2. The admitted case is that the workman had worked as a Pump Operator from 01.09.1978 to 14.09.1987. On 15.09.1987, he had absented himself and on the same day, a notice was purported to have been issued by the management directing him to join duty. Yet another notice was alleged to have been issued on 21.09.1987 warning him of the consequences that if he did not attend his duty within a period of 10 days, he will be deemed to have been relieved from duties due to his willful absence from duty. Securing no response from the workman for all these notices alleged to have been sent, a letter of termination dismissing the employee was made on 27.01.1988.

3. The above letter of termination was subject of dispute when a reference had been made to the Labour Court in the year 1989, but it was withdrawn at the instance of the workman






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