T. NAGABHUSAHAN Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the counsel appearing for the respondent. Perused the material available on record.

(2.) The petitioner was working as a Trainee Conductor under the respondent since 1997. He was appointed against a permanent sanctioned post. The petitioner was rendering services as a Trainee Conductor. However, he remained absent for certain period i.e., from 06.04.2008 to 10.12.2008 for a total period of 240 days without any permission and without sanctioning of any leave and even without furnishing any medical certificate to that effect. Treating it as an unauthorized absent from the duty the respondent has initiated the disciplinary proceedings against him and after conducting thorough enquiry the respondent has passed an order on 20.08.2009 removing the name of the petitioner from the concerned Register and virtually dismissed the petitioner from the services. The said order was challenged before the Labour Court in Reference No.23/2012. The Labour Court after considering the contentions of both the parties, answering preliminary Issue No.1 in the negative holding that the domestic enquiry conducted by the second party the respondent was not fair and proper. Thereafter, the Labour Court conducted the enquiry by itself by providing opportunity to both the parties. It framed further issues to the following effect ;-

(3.) During the enquiry conducted by the Labour Court the petitioner examined himself as WW1 and got marked Ex.W1 to Ex.W8 and on the side of the respondent MW.1 Ravikumar was examined and got marked Ex.M1 to Ex.M9. After considering the oral and documentary evidence on record the Labour Court has arrived at a conclusion that the petitioner misconducted himself and absented himself from the duty from 06.04.2008 to 10.12.2008 without any sufficient and genuine reasons. Though he has taken-up the contention that he was suffering from jaundice but he has not produced any material before the Authorities or before the Labour Court for the purposes of considering whether he was actually suffering from such jaundice for such a long period.