GOPAL Vs. HINDUSTAN TIMES LIMITED

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated May 17, 2013 passed by the Labour Court in Computer I.D. No. 02402C0485502005, whereby the Labour Court has awarded a lump sum amount of Rs. 2 Lakhs to the petitioner and thereby answered the reference made by the appropriate Government on August 17, 2005. It may be necessary to state here that the initial reference was made by the appropriate Government with regard to five workers. It appears that the Labour Court has directed the workers to file separate set of claims, which they did.

(2.) The facts as noted from the award are that the petitioner was appointed as a 'Canteen Boy' with the respondent w.e.f. April 1, 1974 vide appointment letter issued on May 30, 1974. He was confirmed on the post of 'Helper'. He was later promoted to the post of 'Assistant Offset Machine Man' vide letter dated July 25, 2001. According to him, his services were terminated vide letter dated July 23, 2004 on the ground that he was absent without leave. It was his case that he was terminated without any enquiry, which is in violation of principles of natural justice, hence, his termination is improper, mala fide, wrong and illegal.

(3.) It was the case of the respondent before the Labour Court that the services of the petitioner were terminated for a misconduct and the enquiries whenever it had considered appropriate, were held. According to the respondent, the petitioner was a habitual absentee and a warning letter was issued to him regarding his absenting from duties vide letter dated May 19, 2000. The petitioner was sent a show cause notice vide letter dated June 30, 2004 seeking reasons for his unauthorized absence to which, he sent his reply on July 14, 2004, without justifying his absence.