BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICES, SIDDAIAH ROAD, BANGALORE-560 027, REPRESENTED BY ITS CHIEF LAW OFFICER Vs. S.G. ANAND S/O CHIKKA GUNDAPPA

JUDGEMENT

(1.) THE Public Road Transport Corporation aggrieved by the interference with the order of dismissal dated 17.10.2006 dismissing the respondent Conductor from service for unauthorised absence for 1 year and 8 months and modifying the same to one of imposition of a lesser punishment by award dated 17.5.2010, in I.D.No.70/2006, of the III Additional Labour Court, Bangalore, has presented this petition.

(2.) HEARD the learned counsel for the parties, perused the pleadings and examined the award impugned. There is no dispute that the respondent while in the service of the petitioner -Road Transport Corporation for 13 years, remained unauthorisedly absent, intermittently, for 211 days, whence minor punishments were imposed on 3 occasions, whereafter too, the respondent remained unauthorisedly absent from 21.2.2005 to 17.10.2006 for a period of 1 year and 8 months, resulting in disciplinary proceeding, a domestic enquiry, and a report holding the charge proved, followed by, the order dated 17.10.2006, dismissing the respondent from service.

(3.) THIS observation was followed in the subsequent decision of the Apex Court in L and T Komatsu Ltd. Vs. N. Udayakumar, (2008) 1 LLJ 849 SC , whence it was observed that a workman who had remained absent on several occasions in the past and continued to commit similar acts of misconduct resulting in disciplinary proceeding and domestic enquiry, extending an opportunity of bearing, and a import holding the charge proved, leading to the termination, was held to be habitual absenteeism.