SKF INDIA LIMITED Vs. A.V. NAGABHUSHANA

JUDGEMENT

(1.) The present petition by the Company assailing the award dtd. 20/12/2017 in ID No. 49/2012 passed by the Second Additional Labour Court, Bangalore vide Annexure-N.

(2.) The brief facts of the case are that, the workman was employed with the company from 15/7/1991 and had served in the company for more than twenty years. Show-cause notice was issued by the company for the unauthorised absence from July 2009 to December 2009 for a period of 21 days, from 21/5/2010 to 4/8/2010 for a period of 76 days and between 1/1/2010 to 20/5/2010 for a period of 74 days. The domestic enquiry was held against the three charges levelled against the workman and the enquiry officer submitted the report and findings in respect of all the three charges on different dates, totally the date of unauthorized absence as stated by the Management was 150 days. The Disciplinary Authority accepted the report and findings of the enquiry officer and issued the second show-cause notice to the workman in respect of all the three charges and the workman submitted his explanation to the second show-cause notice. The Disciplinary Authority by its impugned order accepting the report of the enquiry officer had dismissed the workman from the service. The claim statement was filed by the workman under Sec. 10(4- A) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act ' for short) against the order of dismissal.

(3.) The management appeared and filed its counter stating that the workman was irregular in attending the duty and he remained absent during the year 2010 for 21 days and show-cause notice was issued. Subsequently, he remained absent on two other occasions and three charge sheets dtd. 30/3/2010, 20/5/2010 and 4/8/2010 were issued. The Management stated that the enquiry conducted was fair and proper.