GOPAL Vs. HINDUSTAN TIMES LTD.

JUDGEMENT

(1.) Gopal, the appellant herein was appointed as a Canteen Boy with the respondent M/s Hindustan Times Limited (in short 'Hindustan Times') w.e.f April 01, 1974, confirmed as Helper and later promoted to the post of Assistant Offset Machine Man on July 25, 2001. Services of Gopal were terminated vide order dated July 23, 2004 on the ground that he had been absenting without leave and thus Gopal raised an industrial dispute on which a reference was made to the Labour Court. In the claim petition, Gopal stated that the order of termination was passed without any inquiry in violation of principles of natural justice and hence the termination was mala fide and illegal.

(2.) In reply the case of the Hindustan Times was that show cause notice was issued to Gopal for his unauthorised absence for which he gave no satisfactory reply and thus there was no requirement of holding a domestic inquiry and the termination was justified and legal. The respondent pointed out that the last drawn wages of Gopal were Rs. 10,919.57 and the dues relating to gratuity and leave encashment had been duly paid. The case of Hindustan Times further was that in the year 1999 Gopal was on leave for 112 days with 86 days without pay, in the year 2000 leave for 125 days with 98 days without pay, from January 01 to October 2001 he was on leave for 101 days with 80 days leave without pay and from January 2003 to October 2003 he was on leave for 106 days with 88 days leave without pay.

(3.) Since no inquiry was held the learned Labour Court permitted the parties to lead evidence. Gopal proved his appointment letter and termination notice etc. The documents of Hindustan Times showing absence of Gopal from duty were held to be inadmissible in evidence and were thus not considered and the matter was decided in the light of the documents proved by Gopal. The learned Labour Court held that Gopal was retrenched from the services however, instead of granting him reinstatement and back wages directed Hindustan Times to pay lump sum compensation of Rs. 2 lakhs to Gopal.