VINOTHRAJ Vs. BHARATH HEAVY ELECTRICALS LIMITED AND ORS.

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner to quash the impugned order passed by the second respondent in I.D. No.12 of 2004, dated 06.12.2006 and consequently, direct the first respondent to reinstate the petitioner.

(2.) The case of the petitioner is that he joined the service of the first respondent as Semi- skilled Worker in the year 1977. He became an unskilled Worker on 18.07.1983 stating that he was unauthorisedly absent for 111 days. The petitioner has given medical certificate for the entire period. But, the first respondent regularised only 33 days and treated the remaining 78 days as unauthorised absence and domestic enquiry was conducted. The petitioner was found guilty and by the order, dated 04.07.1997, he was dismissed from service w.e.f. 05.07.1997. Aggrieved by the same, the petitioner has filed an appeal before the appellate authority and the same was dismissed. Hence, the petitioner raised an Industrial Dispute before the second respondent in I.D. No.12 of 2004. The second respondent considering all the materials on record and evidence, held that the charges levelled against the petitioner were proved. The second respondent accepted the contentions of the first respondent that because of the unauthorised absence of the petitioner, the production of the first respondent was affected.

(3.) For the above reasons, the second respondent dismissed the Industrial Dispute raised by the petitioner.