RAGHUNANDAN PRASAD BANJARE Vs. INDUSTRIAL COURT RAIPUR

JUDGEMENT

(1.) THE present petition filed under Article 226/ 227 of the Constitution of India, seeking writ/direction to reinstate the Petitioner in service with back wages and other consequential benefits without impugning the order dated 22.10.2003 (Annexure P/1), passed by the Industrial Court, Raipur in Civil Appeal No. 258/M.P.I.R./A-II/2001 wherein the order of removal dated 20.12.1994 (Annexure R2/2) was held as valid, legal and proper.

(2.) THE facts in nutshell are that the Petitioner was working as Electrician-cum-Wiremen in the Respondent No. 2 Corporation. The Petitioner remained absent from his duty from 10.10.1994 till 20.12.1994. The Petitioner vide application dated 9.10.1994 informed the employer that he is leaving his official accommodation allotted to him at Mandhar and proceeding to his parental house, seeking leave from 10.10.1994 to 20.12.1994.

(3.) BEING aggrieved, the Petitioner filed an application under Section 31(3) of the Chhattisgarh Industrial Relations Act, 1960 before the Labour Court. The Labour Court vide order dated 18.9.2001 (Annexure P/2), passed in case No. 18/MPIR/95, after having considered all the facts held that the Petitioner despite receiving the notice under Clause 10 (h) of the Standing Orders did not join the duty. The Labour Court in the facts and circumstances of the case further held that the punishment imposed was disproportionate, thus the Labour Court directed reinstatement of the Petitioner in service with full back wages with a further direction of stoppage of one increment of the Petitioner and penalty of Rs. 500/-. The Industrial Court, in appeal filed by the Respondent No. 2 Corporation having considered all the aspects of the matter came to the conclusion as under: