Om Prakash Sharma vs Onida Savak Ltd. And Anr on 6 July, 2015

1. The appellant Om Prakash Sharma while working with the respondent
No.1 Onida Savak Ltd. (in short the Onida) as a supervisor was transferred
from Delhi office to Guwahati. Om Prakash wrote letters to the
management of Onida on December 18 and 19, 1996 requesting not to
transfer his services to Guwahati taking the plea that his wife was unwell
and he would not be able to go to Guwahati. Management of Onida declined
the request to withdraw the transfer order vide its letter dated December 21,
1996. It is the case of Om Prakash that on December 22, 1996 he fell ill and
remained under treatment till January 12, 1997. It is claimed by Om Prakash
that he sent the information regarding his illness to the management vide fax
letter dated December 29, 1996 and reported to duty on January 13, 1997

with a fitness certificate dated January 06, 1997 but he was not allowed to
join the duty. It is further claimed that to make a false claim of non-
resumption of duties against Om Prakash, the management of Onida sent
him letters dated January 31, 1997, February 12, 1997 and February 20,
1997 asking him to resume duties. Om Prakash again tried to resume duties,
however he was not allowed. The management struck his name off the rolls
on account of his absence from duty from December 23, 1996 and according
to Om Prakash the same amounted to retrenchment which was done without
complying with the requirements under Section 25F of the Industrial Dispute
Act (in short the ID Act). It is thus claimed that the termination was illegal.

Source: Indian Kanoon

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