UNION OF INDIA Vs. BHUPINDRA KUMAR

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India for setting aside the award dtd. 6/5/2004 passed by the Central Government Industrial Tribunal-cum-Labour Court, New Delhi in I.D. No. 35/95 titled as'Shri Bhupindra Kumar Versus The General Manager' ('Impugned Award'). Vide the Impugned Award, the learned Labour Court quashed the order passed by the Petitioner/Management whereby the Petitioner imposed the punishment of'removal from service' on the Respondent/Workman and gave a direction for reinstatement with full back wages and continuity in service.

(2.) The Respondent herein, joined the services of the Petitioner as a Clerk on 28/4/1987. Later, while working as a Senior Clerk under the Petitioner, he was posted at the Stores Office at Tilak Bridge, New Delhi. While being posted there, the Respondent was sanctioned casual leave for two days i.e., 11/1/1990 and 12/1/1990 (suffixing 13/1/1990 and 14/1/1990 as Saturday and Sunday). The Respondent had to resume duties on 15/1/1990 after the expiry of the sanctioned casual leave.

(3.) However, the Respondent did not resume duties. Later, on 24/1/1990, a registered letter was sent by the Respondent to the Petitioner requesting for extension of leave on medical grounds. No decision was taken by the Petitioner qua the said letter dtd. 24/1/1990. It is the case of the Petitioner that the Respondent remained unauthorisedly absent from duty for a period of more than one year i.e., from 15/1/1990 to 15/2/1991. He resumed his duties on 18/2/1991.