T. NARAYAN Vs. MANAGEMENT OF NWKRTC

JUDGEMENT

(1.) This Writ Petition has been filed by the Legal Heirs of the deceased Workman T. Narayan, Ex-Driver of the Respondent NWKRTC. who had unfortunately expired, while matter was pending before the learned Labour Court, Hubli.

(2.) The present Writ Petition has been filed under Articles 226 & 227 of the Constitution of India against the Order passed by the learned Labour Court, Hubli, dated 10.9.2008, dismissing the Application filed by the Workman vide KID No.30 of 2002 under Sec. 10(4-A) of the Industrial Disputes Act, 1947 (for brevity, 'the Act'), holding that the dismissal of the Petitioner-Workman from the service w.e.f 27.12001 for unauthorised absence, between the period from 19.8.1997 till 1.4.1998. The Charge-sheet was served on him of unauthorised leave, without there being a sanction from the Respondent-Management. Therefore, after holding a Departmental Enquiry, the Disciplinary Authority terminated him from service.

(3.) He was initially appointed as a Badli Driver in the year 1986 and after completing his Probation in the year 1988, he was confirmed on 24.12.1990. He was transferred on 31.7.1997 to another Division, Ron. Though the present Petitioner is said to have joined at transferred place Ron, but he immediately went on leave from 19.8.1997. Soon thereafter, upon remaining on such unauthorised leave, a Charge-sheet was served upon him anti after holding the Departmental Enquiry, he was dismissed on 27.12.2001. His j Appeal also came to be dismissed on 19.5.2002.