RENUKA SHARMA Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) The present appeal under Clause X of the Letters Patent assails the judgement dated 04.12.2019 passed by the learned Single Judge, whereby the Writ Petition (C) No. 6692/2014 filed by the Respondent was allowed and, consequently, the award dated 23.04.2014 rendered by the Central Government Industrial Tribunal No. 1, Karkardooma Courts, Delhi (hereinafter referred to as "žCGIT"Ÿ) has been quashed.

(2.) The facts of the case, noted in the impugned judgement are extracted herein below:-

(3.) The industrial dispute raised by the Appellant was referred to the Industrial Tribunal. The appellant sought reinstatement contending that after taking leave, when she went to Singapore, she was compelled to seek extension of leave on 28.08.2008 on account of deterioration of health of her children. She returned back and resumed work on 27.11.2008 and worked till 27.12.2008. When her husband fell ill in Singapore, she had to rush back to take care of him and the Respondent, in her absence passed an ex-parte enquiry report holding her guilty of unauthorized absence. The Respondent herein, contested the petition and the CGIT, after considering the evidence led by the parties, held that the enquiry conducted by the Enquiry Officer was just, fair and proper in consonance with the principles of natural justice. However, with respect to the proportionality of the punishment awarded on account of Appellant"Ÿs misconduct, it was held that the punishment of removal from service was discriminatory.