JUDGMENT :

1. By the impugned award dated 16.01.2019 the labour court has allowed the industrial reference in favour of the workman by holding that the termination of the respondent workman's services on 08.09.2011 were illegal. Consequential reliefs of reinstatement with full backwages have also been granted.

2. The labour court in the impugned award has found that the services of respondent workman were terminated without holding a disciplinary enquiry. Various communications sent by the employer to the workman to rejoin duties were disbelieved on the foot that they do not reflect a bona fide intent to recall the workman to duty.

3. Sri Diptiman Singh, learned counsel for the petitioner submits that the evidence in the record established that the workman was given ample opportunity to rejoin his duties but he failed to do so. The workman had abandoned his service. Petitioner had rightly invoked the applicable standing order holding the field which was not considered by the labour court. No departmental enquiry was liable to held in the facts of this case and the relevant standing orders. The labour court returned perverse findings on the evidence lead by the petitioner.

4. Sri Alok K