The vs The on 11 January, 2007
30. The management has pleaded that the management had filed reply to
the claim of the workman before the Conciliation Officer and the same is Ex.
MW1/1 and by the said reply the Conciliation Officer was informed that the
management has not terminated the services of workman and the
Conciliation Officer was requested to direct the workman to join the duty. The
workman has filed rejoinder which was filed by him to the reply of the
management before the Conciliation Officer and the same is Ex. WW1/4. The
workman has failed to rebut the claim of management that Ex. MW1/1 was
filed by the management before the Conciliation Officer and on offer of
reinstatement was made by the management before the Conciliation Officer.
In the cross-examination of MW1 also workman has put a question to MW1
to the effect that the workman his willing to join the management if the
management agrees to pay wages for the intervening period of his
disengagement from the management. The workman did not offer himself for
employment in pursuance of offer of management which was made to him by
the management by way of reply filed to the claim of the workman before the
Conciliation Officer. If the workman was aggrieved that he was entitled to
back wages and he was really interested in the job of the management, then,
he could have accepted the offer of the management made before the
Conciliation Officer reserving his right of the back wages as held in Sonal
Garments v. Trimbak Shankar Karve (Supra) and Competition Printing
Press v. Jaiprakash Singh and Another (Supra). But the workman did not
-21-
adopt this course and rather proceeded to litigate. These circumstances and
conduct of the workman lends support to the version of management that the
workman had abandoned the employment of management and he never
came back to report for duty even after offer of the management for duty
made before the Conciliation Officer. This leads to the conclusion that the
workman had abandoned the employment of management.