2002 LAB. I. C. 1231 ::(2002) 5 ServLR 56

Gujarat High Court

Hon'ble Judge(s): Ravi R. Tripathi , J

Industrial Disputes Act (14 of 1947) , S.11-A, Sch.2, Item3— Dismissal from service - Ground of unauthorized absence - Approval application by Petitioner, employer - Dismissal of for default and in absence of witnesses and evidence - May be Petitioner was negligent at time of hearing of application for approval - But it is fact that there was no adjudication on merits of issue involved - Order dismissing approval application, liable to be quashed - Application ordered to be heard on merit, particularly when workman was shown to be in habit of remaining absent unauthorisedly in spite of several apology letters. (Para 7)