Short Note : 1. The fact leading to this petition are that respondent No.1 Sukhwasi was employed as a winder in Jiyajeerao Cotton Mills Ltd. The respondent was granted leave for the period from 31st May 1970 to 19th June 1970. The respondent was to join on 20th June 1970. The respondent sent an application for extending the leave on 23rd June 1970 which was received by the employer on 27th June 1970. The application for extension of leave was refused on 30 June 1970 on the ground that there was heavy work in the Mills and leave could not be granted. Intimation of refusal of leave was received by the respondent on 9th July 1970. The respondent came to Gwalior and went to Employees State Insurance Hospital for treatment. The respondent went to join his duty with fitness certificate on 19th August 1970, the respondent was asked to work as Badli and not as a permanent employee on the ground the he had lost his lien under Order 8 (e). The respondent applied to the Labour Court against the order of the Management that he had lost his permanent employment under Standing Order 8 (e). The Labour Court by its order dated 3rd April 1974 granted reinstament with half back wages. The employer and the respondent both filed revisions to the Industrial Court which were dismissed by a common order passed by the Industrial Court on 29th November 1974. It is against this order that the petitioners have come up to this Court under Article 226 of the Constitution. Held: The findings reached by the Labour Court and the Industrial Court are that the application sent by the respondent on 23rd June 1970, which was received by the employer on 27th June 1970 mentioned illness as the ground of absence and that this application Was a sufficient explanation within the meaning of Standing Order 8 (e). The further finding is that the employer did not reject the application on the ground that the plea of illness taken by the respondent was false but on the ground that there was heavy work in the Mills. The finding also is that the respondent was really ill and, therefore, there was a good explanation for the absence and the respondent did not loose lien as a permanent employee. 2.
The finding also is that the respondent was really ill and, therefore, there was a good explanation for the absence and the respondent did not loose lien as a permanent employee. 2. The learned counsel for the petitioners contended before us that the respondent lost his lien as he did not return within ten days of the expiry of the sanctioned leave. In our of opinion, this contention is not well founded. The relevant words in the standing order are "An employee remaining absent beyond the period of leave shall be deemed to have left the service from the date of his unauthorised absence unless he returns within ten days of the expiry of the sanctioned leave and/or explains to the satisfaction of the Manager or the officer authorised by him, his inability to resume immediately on the expiry of his leave", A bare reading of the Standing Order would show that even in a case where an employee does not return within ten days of the expiry of the sanctioned leave but gives an explanation, which is satisfactory he does not lose his lien. This the import of the words "and/or" as they occur in the Standing Order. As earlier stated by us the finding is that in the application which the employee sent within three days of the expiry of his leave for extension of his leave he explained his absence on the ground of illness. The application was rejected on the ground that there was heavy work in the Mills. The finding also is that the employee was really ill. In our opinion, the employee had explained within the period allowed by the Standing Order the cause of his absence which should have been taken to be satisfactory by the Manager or the officer authorised by him did not reject the explantion. The employer rejected the application on a different ground altogether which also shows that the employer impliedly accepted the explanation. (1971) (23) IF LR 186, distinguished. Petition dismissed.