KATTABOMMAN TRANSPORT CORPORATION Vs. PRESIDING OFFICER

JUDGEMENT

(1.) M/s Kattabomman Transport Corporation, aggrieved by the award of the Industrial Tribunal, Madras dated 11.10.1994 in complaint No.24 of 1988, has filed the above writ petition to quash the same on various grounds.

(2.) The case of the petitioner is briefly stated hereunder: The second respondent was appointed as a Conductor from 01.02.1981. He was issued a charge memo dated 21.11.1984 for being absent from duty from 01.11.1984 without any leave or prior permission. She submitted an explanation with a Certificate issued by a private Doctor which was however not accepted. A domestic enquiry was conducted for his unauthorised absence. Finally, the second respondent was set ex parte on 09.04.1985 and the Enquiry Officer found him guilty of charges of absence from duty.

(3.) Since the second respondent was frequently absenting himself from duty, the Branch Manager requested the General Manager to send the second respondent before the Medical Board. The Medical Board submitted its report holding that the second respondent is suffering from allergic bronchitics and intolerent to dust and crowded atmosphere and recommended for giving any other job which does not involve crowded atmosphere.