IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 442 and 443 of 2004
Decided On: 13.02.2004
Appellants: U.P. State Bridge Corporation Ltd. and Ors.
Respondent: U.P. Rajya Setu Nigam S. Karamchari Sangh
Ruma Pal, J.
1. The appellant is a Government company within the meaning of Section 617 of the Companies Act. It carries on construction activities at various sites throughout the country and abroad. The respondent-Union represents the cause of 168 muster roll employees. The respondents were working at the bridge construction unit of the appellant at Kanpur in various capacities. The terms and conditions of employees of the appellant are governed by Standing Orders Certified under the U.P. Industrial Employment (Standing Orders) Act, 1946, Clause L- 2.12 of which reads:
"Any workman who remains absent from duty without leave or in excess of the period of leave originally sanctioned or subsequently extended for more than 10 consecutive days, shall be deemed to have left the services of the corporation on his own accord, without notice, thereby terminating his contract of service with the corporation and his name will accordingly be struck of the rolls."
2. From 12th October 1995 the respondents-workmen did not attend their jobs. On 18 th October 1995 the appellant issued an order which is quoted:
"Some of the workmen working at Betwa Bridge, Arichghat, Jhansi are absenting from duty since 12.10.1995. Direction for sm
Buy this document