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2010 Supreme(P&H) 761

AUGUSTINE GEORGE MASIH
Jaswinder Singh – Appellant
Versus
Regional Manager, Punjab National Bank, Karnal – Respondent


Judgment

AUGUSTINE GEORGE MASIH, J.

1 The challenge in the present petition is to the Award dated May 27, 2008 (Annexure-P-10), passed by the learned Industrial Tribunal-cum-Labour Court-II, Chandigarh, vide which the reference made on a dispute raised by the petitioner/workman (for Short "the Workman") stands answered against him, holding there that the Workman is not entitled to any relief.

2 Counsel for the Workman contends that the Workman was appointed as a Clerk-Cum-Cashier and joined as such with the respondent/Management (for short "the Management") on February 22, 1986. He proceeded on leave to Lucknow with permission with effect from August 24, 1995, but fell ill, so he requested for extension of leave upto September 20, 1995. His illness prolonged, so he sought further extension of leave upto June 12, 1996 and so on. No reply was received by the Workman from the Management on his application for grant of leave and, therefore, he presumed that the leave had been granted by the Management. However, on January 12, 1996, he received a telegram intimating him that he was absenting unauthorisedly and he should resume duty immediately.

3 He responded by way of filing reply and e








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