appreciating the law the learned Presiding Officer of the Labour Court dismissed the application. It is contended that while on duty the petitioner had met with an accident on 17.10.2006 near Suryagarha in which both his legs got fractured. He had to be admitted in Rahman Clinic at Tatarpur from where he was discharged on 15.06.2007. Thereafter, he met the private respondents, who asked him to submit his joining on 1st August, 2007 at Sahebganj. Since the petitioner did not intend to join at Sahabganj, a legal notice was sent asking the private respondents to allow him to join at Bhagahlpur instead of Sahebganj. As no response was given to his request and legal notice, he caught a train in order to submit his joining at Sahabganj, but due to huge crowd at the railway station, he again met with an accident in which he sustained fracture injuries pursuant to which he was again taken to Rahman Nursing Home at Tatarpur on 31.08.2007. After recovery, he submitted an application for allowing him to join on 22.01.2008. Since the private respondents paid no heed to his application, a legal notice was sent to them on 23.02.2008, which was never responded. However, he was orally communicated that since there was no vacancy, he cannot be allowed to resume duty.
