ORAL ORDER

1. Present petition is filed by the petitioner – workman under Articles 226 and 227 of the Constitution of India challenging the impugned award dated 1st July 2023 passed by the Labour Court, Valsad in Reference (L.C.V) No. 48 of 2019 whereby the Labour Court has rejected the reference.

2. Heard Ms.Simran Pahwa, learned counsel for Thakkar and Pahwa Advocates for the petitioner at length.

3. Ms.Pahwa, learned counsel has submitted that the impugned award passed by the Labour Court is unjust and illegal. She has submitted that though the workman remained absent for two days i.e. 25th June 2018 and 26th June 2018 and thereafter, when he went to join the duty on 27th June 2018, the respondent has refused to join the duty and he has made several communications to the respondent to join the duty, but the same was not responded by the respondent. She has submitted that it is not the case of abandonment on the part of the petitioner, but the respondent has not allowed the petitioner to join the duty. However, the Labour Court has not considered this aspect and rejected the reference. She has submitted that the respondent has not conducted any departmental proceedings against the p