JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment rendered by a Division Bench of the Karnataka High Court allowing the writ appeal filed by the respondent (hereinafter referred to as the ‘workman’) while dismissing the writ appeal filed by the appellant.

3.Undisputed background facts are as follows :

“Respondent had been working as an employee with M/s L&T Komatsu Ltd., Bangalore. He remained absent unauthorisedly for 105 days between 1.8.2000 and 30.4.2001. Disciplinary proceedings were initiated against him and a regular departmental enquiry was held. It is common case of the parties that the charge of unauthorized absence was proved in the said enquiry which has been found to be fair and proper and in accordance with the principles of natural justice. The enquiry report was accepted by the management and the respondent was dismissed from service. This dismissal gave rise to an industrial dispute and the workman filed an application under Sub-section (4A) of Section 10 of the Industrial Disputes Act, 1947 (as introduced in the State of Karnataka) (for short the ‘Act’). On a consideration of oral and documentary evidence led by the parties