DIVISIONAL CONTROLLER Vs. FAJAL AHAMAD

JUDGEMENT

(1.) The award of the Labour Court, Bijapur in Reference No. 11/2005 dated 24.02.2009 is called in question in this writ petition by the Corporation on the ground of inadequacy of penalty imposed by the Labour Court. Respondent herein who was appointed as Conductor in the year 1979 remained unauthorizedly absent to duties from 19.09.2002 to 28.01.2003. Based on the allegation of charge of unauthorized absenteeism, the enquiry was held and the respondent was held to be guilty of the misconduct. The Disciplinary Authority dismissed the workmen/respondent from service. The workman raised the dispute and the same was referred by the State to the Labour Court for adjudication under Section 10(1)(C)(D) of the Industrial Disputes Act, 1947. The Labour Court having come to the conclusion that the respondent remained absent without intimating to the management, took a lenient view in view of the fact that the respondent was suffering from blood omitting during the relevant period, set aside the order of Disciplinary Authority of dismissal and directed the Corporation to reinstate the workman without back wages, however, with continuity of service and other consequential benefits.

(2.) Sri A.M. Patil, learned Advocate appearing on behalf of petitioner/Corporation submits that the Labour Court is not justified in taking lenient view in the matter, inasmuch as, the Labour Court ought to have imposed penalty of atleast withholding of increments having regard to the fact that the respondent did not chose to inform the Corporation of remaining absent to duties.

(3.) Exs. W-1 to W-13 are the medical records pertaining to respondent which reveal that the respondent was suffering from blood omitting and he was admitted to hospital during the relevant period. He underwent various tests during the said period. However, the fault lies with the respondent that he did not intimate the Corporation about he remaining absent from duties because of illness. In this view of the matter, the Labour Court at-least ought to have imposed minor penalty like withholding of increments etc.