( 1. ) BY this petition under Article 226 of the Constitution the petitioner, The New India Assurance Co. Ltd. , challenges the order of the Labour Court, Jabalpur, dated 29th October, 1977 passed under Section 33c (2) of the Industrial Disputes Act, 1947.

( 2. ) THE respondent Dalbir Singh was in petitioners employment as a Development Officer. The respondent was posted at Chhindwara. On 5th February, 1975 he was transferred from Chhindwara to Jabalpur. The respondent did not join at Jabalpur and went to Guna on the plea that he was unwell. He went on sending letters for leave and extension of leave. By letter dated 24th, October, 1975 (Annexure 12) the Senior Area Manager of the petitioner intimated the respondent that the medical certificate submitted in support of absence expired on 14th October, 1975 and still the respondent had not reported for duty. It was also mentioned in this letter that the management was led to believe that the respondent was deliberately avoiding to resume duty and that he was not interested in the service of the company. It was further stated that the management wanted to give him another chance and the respondent could report for duty latest