V.C.MISRA
Prem Dayal – Appellant
Versus
Presiding Officer, Labour Court – Respondent
( 1 ) HEARD Sri S. C. Tripathi, learned Counsel for the petitioner and Sri S. D. Dubey, learned counsel for the respondents.
( 2 ) THIS writ petition has been filed by the petitioner-workman for quashing the award dated 30. 6. 1998 (Annexure-2 to the writ petition) passed by the respondent No. 1-Labour Court, Agra published on 13. 9. 1988 with a prayer for being reinstatement in service with full back wages.
( 3 ) THE facts of the case in brief are that the petitioner was an employee in the establishment of the respondent No. 2 M/s Guru Charan Industrial Works, District Mainpuri (for short the employers) and he left the services on leave from 25. 8. 1976 to 30. 8. 1976. Thereafter the petitioner again unauthorisedly absented himself from the service w. e. f. 31. 8. 1976 without submitting any application for leave. The respondent No. 2 after waiting for 15 days time treated the petitioner-workman to have abandoned his service and lost his lien on the basis of the provisions of Clause 10 (j) of the Industrial Employment (Standing Orders) Rules, 1946 (hereinafter referred to as the Model Standing Orders ). The petitioner being aggrieved raised industrial dispute and t
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