R.PRABHAKARAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Certiorarified Mandamus, to call for the records relating to the award dated 23. 12. 2009 passed in I. D. No. 60 of 2003 on the file of the first respondent and to quash the same and consequently, directing the second respondent to reinstate the petitioner in service with backwages, continuity of service and all other attendant benefits.

(2.) The learned counsel appearing for the petitioner submitted that the petitioner was appointed as conductor in the second respondent Corporation in the year 1987 and he rendered his service without any blemish. While so, he was dismissed from service by order dated 14. 07. 1995 on the charge of absence from duty. As he was deprived from his livelihood, the petitioner requested the second respondent to reinstate him in service. Accepting his request, the second respondent agreed to provide employment. Accordingly, as per the settlement dated 21. 10. 1995 under Section 18(1) of the Industrial Disputes Act, the second respondent agreed to appoint the petitioner as fresh entrant as conductor (trainee) with consolidate monthly payment of Rs. 1,500/- and a separate order of appointment dated 27. 12. 1995 was also issued to the petitioner and the training period was for six months. Due to illness, the petitioner was unable to attend the duty from April, 1996 and informed the same to the second respondent.

(3.) While the petitioner was under treatment, the second respondent issued a charge-memo alleging that he was absent from work for 21 days in March 1996, 31 days in April, 1996 and 30 days in May, 1996. Thereafter, the second respondent, without conducting any enquiry on the charge of absence from duty, discharged the petitioner from service by order dated 14. 06. 1996. Hence, the petitioner raised an Industrial Dispute under Section 2 of the Industrial Disputes Act, which was taken on file in I. D. No. 60 of 2003 before the Labour Court, Cuddalore, the first respondent herein. The Labour Court, Cuddalore, by an award dated 23. 12. 2009 dismissed the petition holding that the petitioner was not entitled to get any relief. Challenging the same, the petitioner has filed the Writ Petition.