TMI Blog2000 (11) TMI 1262X X X X Extracts X X X X X X X X Extracts X X X X ..... ailment he had been taking leave often and on and he had such ailment even in the year 1993-94 and after obtaining a fitness certificate from a doctor he submitted his joining report to the Branch Manager on 4-4-1994 which was not accepted by him and, therefore, he submitted an application to the higher authorities of the Bank. In the meanwhile, however, by a notice dated 12-3-1994 the respondent was asked to explain his unauthorised absence after the expiry of sanctioned leave. The respondent, however, claimed to have appeared before the competent authority to permit him to join duty but no order was passed. On the other hand, an order dated 18-4-1994 came to be passed informing him of the termination of his services in the manner stated e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atural justice and the appellants' order also suffered from many defects such as non-application of mind to the matter. For the aforesaid reasons, the High Court quashed the orders made on 18-4-1994 and 12-9-1994, however, making it clear that it was open to the appellants to take action in accordance with the provisions of law and the principles of natural justice. As regards wages the High Court directed that appropriate application could be made to the appellants under the Industrial Disputes Act, 1947. Hence this appeal. 2. Shri P.P. Rao, the learned Senior Advocate appearing for the appellants, submitted that under clause XVI of IV Bipartite Settlement the appellants may put to an end to the services of the respondent even witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oyee at the last known address calling upon him to report for duty within 30 days of notice stating, inter alia, the grounds for the Management coming to the conclusion that the employee has no intention of joining duty and furnishing necessary evidence wherever relevant and unless the employee reports for duty within 30 days of the notice or gives an explanation for his absence satisfying the Management that he has not taken up another employment or avocation and he has no intention of not joining the duty, the employee will be deemed to have voluntarily retired from the bank's service on the expiry of the time fixed in the said notice in the event of the employee giving a satisfactory reply, he will be permitted to report for duty the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice as required by clause XVI of IV Bipartite Settlement. Thus we think that the contention put forward on behalf of the respondent that he was suffering from serious eye ailment at the relevant time is difficult of acceptance. In the writ petition filed before the High Court the respondent had stated that in the year 1980 he had a serious eye ailment and he had been taking from the bank often and on and he had taken leave from 16-8-1993 to 18-8-1993 to attend some urgent work which was duly sanctioned but he was struck by eye ailment and, therefore, he could not join his duty as is clear from the medical certificate issued to him. In reply thereto the stand taken by the appellants is that the record of the respondent does not disclose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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