ORDER:

This writ petition is filed by the petitioner against the Award dated 22.03.2004 in I.D.No.120 of 2001, passed by the learned Labour Court – II, Hyderabad.

2. Heard arguments of both sides and perused the record.

3. Learned Counsel for the petitioner stated that petitioner joined in the respondent No.2 Company as Artisan Grade-II Electrician on 01.05.1973, and from 25.06.1976 he was promoted as Artisan Grade-III Electrician and worked till 27.03.1980. The petitioner herein applied for medical leave from 28.03.1980 to 04.09.1980 and the same was granted to him, but even after the expiry of the medical leave granted to him, he did not resume his duty, as such he had sent letters for extension of leave, but extension was not granted. The petitioner addressed a letter dated 26.09.1980 to the Deputy Manager (Civil) enclosing a medical certificate and prayed for extension of medical leave. The Senior Engineer (Elec.) informed the petitioner by a letter dated 03.10.1980 that his application for extension of leave was not accepted and he was directed to see the Chief Medical Officer of the Hospital maintained by the respondent No.2 or in the alternative to join duty immediately. When the petitioner did not join the duty or appeared before the Chief Medical Officer, the Deputy Manager (Civil) addressed a letter to the petitioner as per the standing orders 12 (xii) and rule 16 (ix) of BHEL leave rules and warned him to report to duty within 15 days, otherwise he will be deemed to have left the Company on his own accord w.e.f the forenoon of the 16th day. When there was no response from the petitioner, the Manager Personnel passed the final Order dated 19.01.1981 and struck off the name of the petitioner from the rolls of the Company from 04.09.1980.

4. When the petitioner gave mercy petition, the Deputy Manager, BHEL, in his note dated 15.09.82 recommended to be re-employed and referred the petitioner for medical fitness to the Chief Medical Officer, BHEL through a letter dated 18.09.1982. On examination the Chief Medical Officer stated that noting abnormal was found and the petitioner was fit to join the duty, but the re-employment or reinstatement of the petitioner was not considered by the Deputy Manager (Elec.). Thereafter, having kept quiet for a longer period of more than 17 years, petitioner issued a legal notice dated 04.07.2000 to the respondents and requested for reinstatement into service and waited for two more years and filed a petition before the Industrial Disputes Tribunal, but the said petition was filed 20 years after the termination, as such the Industrial Disputes Tribunal dismissed the petition. Aggrieved by the said Order, petitioner preferred the present writ petition.

5. Learned Counsel for the petitioner mainly contended that though the petitioner informed about his sickness, his name was struck off from the rolls, no notice of retrenchment was given to him and retrenchment compensation was also not given. Though the petitioner was found medically fit, he was not reinstated. Though the legal notices were acknowledged by respondent No.2, they failed to give reply to him. The Industrial Disputes Tribunal instead of adjudicating the matter on merits, dismissed the same on the ground of delay and thus the petitioner approached this Court to set aside the award passed by the tribunal.

6. Admittedly, the petitioner herein was the employee of the respondent No.2 Company. Though he obtained medical leave for six months, instead of returning to the duty, he sought for extension of leave, but it was not considered by the respondent No.2 Company. Petitioner was specifically directed to join the duty, but he failed to do so and even he was not appeared before the Chief Medical Officer in spite of the specific direction given by the respondent No.2 Company, as such the Deputy Manager warned him to join the duty within 15 days, otherwise, from the 16^th day it was treated as he left the Company. Even then, there was no res