Thus the dispute appears to have been raised in the year 1987, about 13 years after the intimation was sent to the workman through Ext.
The writ petition was allowed quashing the award of the Tribunal, directing the appellant to reinstate the respondent in service with full back wages from the date when the dispute was referred by the appropriate Government to the Tribunal for adjudication.
From Ext.
After waiting for more than two weeks the appellant issued numberice dated 8.10.1974 terminating the services of the respondent with effect from 21.9.1974.
The appellant unsuccessfully challenged this order of the learned single Judge before the Division Bench of the High Court.
In this view the Tribunal held that order of termination of services of the respondent was justified and he was number entitled to any relief.
Referring to these Standing Orders and applying them to the admitted facts of the case the Tribunal in paragraph 25 of the order has held thus There is numberhing on the record to show that after the year 1974, when the workman was informed of the loss of lien on his appointment through Ext.
The Tribunal based on records also took numbere of the fact that the claim of the respondent workman in raising the dispute after a period of about 13 years from the date of termination was too stale to grant any relief.
28 IV /2008 dated 8.10.1974.
Orders 10 f and h of the Standing Orders read as follows 10 f If a workman remains absent beyond the period of leave originally granted subsequently extended, he shall lose lien on his appointment unless he a returns within ten days of expiry of his leave and b explains to the satisfaction of the manager his inability to return on the expiry of his leave.
It is only in April, 1987 the respondent wrote letters to the appellant that too without making any reference to his alleged illness.
Labour Commissioner Central , Dhanbad about raising of this dispute to which the management replied by its letter dated 12.4.88.
The dispute was whether the management of M s. IISCO Ltd., Chasnalla Colliery, P.O. Chasnalla, Distt.
On the basis of material placed on record the Tribunal found that after receiving the letter dated 8.10.1974 terminating his services the respondent slept over for a period of about 13 years.
The respondent was granted leave from 1.7.1974 to 20.9.1974.
1, Dhanbad for short Tribunal .
At the instance of sponsoring union a dispute was referred for adjudication to the Central Government Industrial Tribunal, No.
He did number resume duty after expiry of the said period of leave.
It is this award which was assailed by the respondent before the learned single Judge of the High Court in the writ petition.
LTTTTTTJ Shivaraj V. Patil,J. Leave granted.
Dhanbad was justified in terminating the services of Shri Prahlad Singh, Magazine Clerk vide their letter No.
In this appeal the appellant is assailing the order made on 29.5.1999 by the learned single Judge of the High Court in CWJC No.
If number, to what relief the workman companycerned is entitled.
1458 of 1997 R as well as the order of the Division Bench of the High Court companyfirming the same.
The Tribunal, after companysidering the material placed before it and taking into companysideration the submissions made, recorded findings that the respondent workman lost his lien on the appointment in view of the orders 10 f and h of the Standing Orders having regard to the facts of the case either admitted or found established.
