K SANKARAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The brief facts of the case are as follows:-

(2.) The petitioner further submits that while he had been discharging his duties as usual he was issued with a show cause notice dated 05.06.1996 asking him to show-cause as to why he should not be removed from service for his unauthorized absence from 28.04.1996 onwards. He submitted his explanation stating the reason for his absence and he stated that it was not correct to say that he was unauthorizedly absent but that he had intimated about his illness. Notwithstanding that the second respondent-Management, by order dated 25.01.1997, removed him from service stating that he had abandoned his duty. He prepared an appeal to the Managing Director of the second respondent / Management on 25.06.1997 which was turned down by order dated 11.08.1997.

(3.) The petitioner further submits that challenging his non-employment, he raised an Industrial Dispute under Section 2-A(1) of the Industrial Disputes Act, 1947 and the same was taken as I.D.No.679 of 1997, on the file of first respondent / Labour Court. Before the first respondent /Labour Court, no oral evidence was let in on either side and exhibits M-1 to M-10 were marked on the side of the second respondent-Management. Upon erroneously appreciating the documentary evidence available before him, the first respondent has passed the impugned award dated 18.07.2000 holding that his non-employment is justified and has dismissed his Industrial Dispute. Hence, the writ petitioner filed the above writ petition for reinstatement and with continuity of service, with back wages and all other attendant and consequential benefits.