( 1 ) HEARD Sri S. C. Tripathi, learned counsel for the petitioner and Shri Tej Ram, learned Standing counsel appearing for the Respondent Nos. 2 and 3.

( 2 ) INSTANT petition, under Article 226 of the Constitution of India, is directed against the award dated April 20, 1978 rendered by the Presiding Officer, Labour Court at Agra, the Respondent no. 2 in Adjudication Case No. 203 of 1976 (Central) emanating from a reference to him under section 10 (1) (c) of the Industrial Disputes Act, 1947 whereby it has been held that Sri Tilak raj, an employee of the petitioner, was deprived of his work "without any just and lawful cause or excuse since January 23, 1976 and he should be reinstated with continuity in service and full back wages".

( 3 ) THE question referred to the Labour Court was whether termination of the services of Sri Tilak raj, the Respondent No. 1, with effect from January 23, 1976, was justified and/or illegal ? If not to what benefit and compensation the Respondent No. 1 was entitled to.

( 4 ) BEFORE the Labour Court the petitioner took the stand that the Respondent No. 3 "was absent without leave for a period exceeding 15 days at a stretch with effect f