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Volume No - 13 Issue No - 23
We have earlier pointed out that the Appellant did not have an intention not to report for duty. According to the evidence led at the trial he could not report for duty due to the harassment caused to him by the EmployerRespondent at the work place. If he did not have an intention not to report for duty, we hold that his services cannot be terminated on the basis that he had vacated the employment. The decision of the EmployerRespondent to send the Applicant-Appellant on vacation of post cannot be permitted to stand in law. Considering all these matters we set aside the judgment of the learned High Court Judge dated 07.11.2014 and the order of the Labour Tribunal dated 16.03.2012. We direct the Employer-Respondent to re-employ the ApplicantAppellant in the same post that he held at the time of the time of termination of services at the Employer-Respondent company and to grant him all back wages and emoluments.