Case Note & Summary
The Petitioner, Infomedia India Ltd., engaged the First Respondent as a machine operator at its printing establishment in Mumbai. On 22 June 1992, the First Respondent applied for leave from 1 July to 29 August 1992, claiming he would tour South India. The leave was sanctioned, but instead of touring India, the First Respondent went to South Africa and took up employment with a printing company called Golden Era, earning Rs.15,000 per month compared to his Indian wage of Rs.4,000 per month. He did not report for duty after the expiry of leave. On 15 September 1992, the Petitioner informed the First Respondent that under Clause 13.4 of the Certified Standing Orders, he had lost his lien on the job and his name was removed from the muster roll. The First Respondent claimed he learned of this communication while in South Africa and returned to India in December 1992 because he could not tolerate the atmosphere and food abroad. He moved the Conciliation Officer on 18 March 1993, and after failure of conciliation, a reference was made to the Industrial Court under Section 10 of the Industrial Disputes Act, 1947. The First Respondent alleged that he went to South Africa at the behest of the Petitioner's General Manager, Mr. V.V. Kanuga. The Industrial Court held that the termination was illegal and ordered reinstatement with full back wages. The Petitioner challenged this order by way of a writ petition. The High Court found that the Industrial Court's finding that the First Respondent did not intend to abandon service was perverse and unsupported by evidence. The First Respondent's own deposition showed he took up employment in South Africa without informing the Petitioner, and his claim that he acted on the General Manager's instructions was not credible. The High Court held that the First Respondent's conduct clearly constituted abandonment of service under Clause 13.4 of the Certified Standing Orders, and the termination was valid. The impugned order of the Industrial Court was quashed and set aside, and the writ petition was allowed.
Headnote
A) Service Law - Abandonment of Service - Loss of Lien - Clause 13.4 of Certified Standing Orders - The employee applied for leave to tour South India but instead went to South Africa and took up employment there. Upon expiry of leave, he did not report for duty. The employer invoked Clause 13.4 of the Certified Standing Orders to treat the employee as having lost his lien on the job. The Industrial Court's finding that the employee did not intend to abandon service was perverse and based on no evidence. Held that the employee's conduct clearly constituted abandonment of service, and the termination was valid. (Paras 1-10) B) Industrial Disputes Act, 1947 - Section 10 - Reference - The Industrial Court had jurisdiction to adjudicate the dispute, but its order of reinstatement with full back wages was set aside as the termination was justified under the Standing Orders. (Paras 3-10)
Issue of Consideration
Whether the termination of the First Respondent for abandonment of service was justified under the Certified Standing Orders and whether the Industrial Court erred in reinstating him with back wages.
Final Decision
The High Court allowed the writ petition, quashed and set aside the impugned order of the Industrial Court, and held that the termination of the First Respondent was valid.
Law Points
- Abandonment of service
- loss of lien
- certified standing orders
- termination without domestic enquiry
- Industrial Disputes Act
- 1947
- Section 10 reference
