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Judgment
B.J. Shethna, J.—For a petty offence of theft, one cannot be hanged, similarly for a misconduct of remaining absent for four days, one cannot be terminated from service. If there are such regulations then they are ultra vires. In fact, such regulation was struck down by this Court in S.B. Civil Writ Petition No. 4728/1999 decided on December 2, 1999. The Hon''ble Supreme Court in the case of Vijay Singh Charan v. Management Swetamber Nakoda Parsavnath, Mewanagar and Ors. reported in 1999(1) RLW 314 has also taken the same view.
In view of the above, the learned single Judge allowed the writ petition filed by the respondent-workman whose services were terminated on the ground that he remained absent from duty for four days.
In view of above, the learned single Judge held that when standing order has already been struck down being arbitrary, then the same has to be ignored. Inspite of that, relying upon such regulation, services of the respondent-workman were terminated. However, learned counsel Mr. Joshi for the appellant-employer submits that the writ petition itself before the learned single Judge was not maintainable.
We do not see any substance in the submission as no such argument was advanced by the employer before the learned single Judge.
Mr. Joshi then contended that there is tripartite settlement which was binding not only the present employer but also the employee. No such argument was advanced by the learned counsel for the appellant before the learned single Judge. Accordingly, we do not find any merit in the present appeal and the same is dismissed.