S SRINIVASAN Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of certiorari to call for and quash the order dated 26th May 1996 made made in I.D.No.40 of 1995 on the file of the first respondent-Labour Court.

(2.) The petitioner was an Junior Engineer in the Tamil Nadu Electricity Board. According to the petitioner he fell sick very often during 1986-1987. On 12.7.1986 and 13.7.1986 without permission he proceeded to his native place. Thereafter, after reaching his place he fell sick and he applied for casual leave from 14.7.1986 to 19.7.1986 with permission to avail Sunday 20.7.1986 by sending three telegrams. The petitioner could not rejoin duty and sent 11 leave applications periodically requesting Medical Leave from 21.7.1986. The leave applications were returned except his 11th leave letter dated 8.12.1986.

(3.) On 6.11.1986, three charges were framed against the petitioner by the third respondent. The first charge being that the petitioner unauthorisedly absented from duty without prior permission and leave application from 20.7.1986. The second charge being that the petitioner had not handed over the chest key and Section Office properly and the third charge being that the petitioner had not handed over the Board's quarters. The three charges were framed purporting to be a misconduct under the Tamil Nadu Electricity Board Discipline Appeal Regulations applicable to officers. However, on 6.12.1986 an amended memo was issued framing charges 1 and 2 under Standing Orders applicable to non clerical employees of the Board.