Case: G. T. Lad and Ors Vs. Chemical and Fibres of India Ltd

an interest or claim". According to Blacks Law Dictionary "abandonment" when used in relation to an office means "voluntary relinquishment." It must be total and under such circumstances as clearly to indicate an absolute relinquishment. The failure to perform the duties pertaining to the office must be with actual or imputed intention, on the part of the officer to abandon and relinquish the office. The intention may be inferred from the acts and conduct of the party, and is a question of fact. Temporary absence is not ordinarily sufficient to constitute as abandonment of office.6. From the connotations reproduced above it clearly follows that to constitute abandonment, there must be total or complete giving up of duties so as to indicate an intention not to resume the same. In Buckingham Co. v. Venkatiah and others, (1964) S.C.R. 265, it was observed by this Court that under common law an inference that an employee has abandoned or relinquished service is not easily drawn unless from the length of absence and from other surrounding circumstances an inference to that effect can be legitimately drawn and it can be assumed that the employee intended to abandon service. Abandonment or relinquishment of service is always a question of intention, and normally, such an intention cannot be attributed to an employee without adequate evidence in that behalf. Thus, whether there has been a voluntary abandonment of service or not is a question of fact which has to be determined in light of the surrounding circumstances of each case.Re. - Question No. 2 : This takes us to the consideration of the second question, namely, whether in the circumstances of the instant case, it could be said that the appellants had voluntarily abandoned the service of the company. It may be recalled that the appellants had along with 229 other workmen gone on indefinite and peaceful strike (which ended on October 22, 1972) in response to the strike notice given by the union to the company to press its demand for re-instatement of its three dismissed leaders and had not only by their letters dated September 21, 1972 and September 26, 1972 unequivocally intimated to the company that they did not intended to abandon the service but had also returned the cheques sent to them by the company on account of their leave salary, gratuity, etc. The appellants stand that the letter of the company dated September 7, 1972 was received by them on September 20, 1972 and not earlier was never denied or refuted by the company in the correspondence that passed between the parties. Thus, there was nothing in the surrounding circumstances or the conduct of the appellants indicating or suggesting an intention on their part to abandon service which in view of the ratio of Gopal Chandra Misras case, (1978) 2 S.C.C. 301, can be legitimately said to mean to detach, unfasten undo or untie the binding knot or link which holds one to the office and the obligations and privileges that go with it. Their absence from duty was purely temporary and could not be stretch of imagination be construed as voluntary abandonment by them of the companys service. In Express Newspapers (P) Limited v. Michael Mark and another, (1963) 3 S.C.R. 405, which is on all fours with the present case, it was held that if the employees absent themselves from the work because of strike in enforcement of their demands, there can be no question of abandonment of employment by them. In the present case also the appellants absence from duty was because of their peaceful strike to enforce their demands. Accordingly, we are of the view that there was no abandonment of service on the part of the appellants.Re. - Question No. 3 : Let us now advert to the last but the most crucial question, namely, whether the action of the company in removing the names of the appellants from its rolls during the pendency of the proceedings before the Labour Court in respect of the industrial dispute on the presumption that they had abandoned companys service constituted as alteration in the conditions of service applicable to them immediately before the commencement of the said proceedings which prejudiciously affected them. Although the learned counsel appearing on behalf of the respondent has taken us through the certified standing orders as applicable to the appellants, he has not been able to point out anything therein to indicate that the company could terminate the services of the appellants on the ground of abandonments of service because of their going on strike in enforcement of their demands. Thus, there being no provision in the certified standing orders by virtue of which the company could have terminated the services of the appellants in the aforesaid circumstances, the impugned action on the part of the company clearly amounted to a change in the conditions of service of the appellants during the admitted pendency of the industrial dispute before the Labour Court which adversely affected them and could not be countenanced. We are fortified in this view by the aforesaid decision of this Court in Express Newspapers (P) Ltd. v. Michael Mark and another, where repelling an identical contention to the effect that the failure of the workmen to return to work by a notified date clearly implied abandonment of their employment, it was held that the management cannot by imposing a new term of employment unilaterally convert the absence of work into abandonment of employment. It was further held in that decision that if the strike was in fact illegal, the management could take disciplinary action against the employees under standing orders and dismiss them. If that were done, the strikers would not have been entitled to any compensation under standing orders but that was not what the appellants purported to do and the respondents were, therefore, entitled to relief.7. For the foregoing reasons, we are unable to uphold the impungned action of the company and the award under appeal which are manifestly illegal.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]5. We will deal with these question seriatim :Re; Question No. 1 : In the Act, we do not find any definition of the expression "abandonment of service".6. From the connotations reproduced above it clearly follows that to constitute abandonment, there must be total or complete giving up of duties so as to indicate an intention not to resume the same.or relinquishment of service is always a question of intention, and normally, such an intention cannot be attributed to an employee without adequate evidence in that behalf. Thus, whether there has been a voluntary abandonment of service or not is a question of fact which has to be determined in light of the surrounding circumstances of each case.Re. - Question No. 2may be recalled that the appellants had along with 229 other workmen gone on indefinite and peaceful strike (which ended on October 22, 1972) in response to the strike notice given by the union to the company to press its demand for re-instatement of its three dismissed leaders and had not only by their letters dated September 21, 1972 and September 26, 1972 unequivocally intimated to the company that they did not intended to abandon the service but had also returned the cheques sent to them by the company on account of their leave salary, gratuity, etc. The appellants stand that the letter of the company dated September 7, 1972 was received by them on September 20, 1972 and not earlier was never denied or refuted by the company in the correspondence that passed between the parties. Thus, there was nothing in the surrounding circumstances or the conduct of the appellants indicating or suggesting an intention on their part to abandon service which in view of the ratio of Gopal Chandra Misras case, (1978) 2 S.C.C. 301, can be legitimately said to mean to detach, unfasten undo or untie the binding knot or link which holds one to the office and the obligations and privileges that go with it. Their absence from duty was purely temporary and could not be stretch of imagination be construed as voluntary abandonment by them of the companys service. In Express Newspapers (P) Limited v. Michael Mark and another, (1963) 3 S.C.R. 405, which is on all fours with the present case, it was held that if the employees absent themselves from the work because of strike in enforcement of their demands, there can be no question of abandonment of employment by them. In the present case also the appellants absence from duty was because of their peaceful strike to enforce their demands. Accordingly, we are of the view that there was no abandonment of service on the part of the appellants.Re. - Question No. 3the learned counsel appearing on behalf of the respondent has taken us through the certified standing orders as applicable to the appellants, he has not been able to point out anything therein to indicate that the company could terminate the services of the appellants on the ground of abandonments of service because of their going on strike in enforcement of their demands. Thus, there being no provision in the certified standing orders by virtue of which the company could have terminated the services of the appellants in the aforesaid circumstances, the impugned action on the part of the company clearly amounted to a change in the conditions of service of the appellants during the admitted pendency of the industrial dispute before the Labour Court which adversely affected them and could not be countenanced. We are fortified in this view by the aforesaid decision of this Court in Express Newspapers (P) Ltd. v. Michael Mark and another, where repelling an identical contention to the effect that the failure of the workmen to return to work by a notified date clearly implied abandonment of their employment, it was held that the management cannot by imposing a new term of employment unilaterally convert the absence of work into abandonment of employment. It was further held in that decision that if the strike was in fact illegal, the management could take disciplinary action against the employees under standing orders and dismiss them. If that were done, the strikers would not have been entitled to any compensation under standing orders but that was not what the appellants purported to do and the respondents were, therefore, entitled to relief.7. For the foregoing reasons, we are unable to uphold the impungned action of the company and the award under appeal which are manifestly illegal.