P PALANISAMY Vs. REGIONAL MANAGER TAMIL NADU FOREST

JUDGEMENT

(1.) THIS appeal has been filed by one Palanisamy, the first respondent in the writ petition, which was filed by the Plantation Corporation Limited (hereinafter referred to as "the Corporation"). The material facts of the case are:

(2.) THE present appellant was engaged a Forest Watcher in the said Corporation on 23.11.1974. During the period between 08.04.1984 and 08.07.1985, the present appellant was absent from duty. Initially, his father had suddenly died at Uruvampatti near Kudumiyammalai at Pudukkottai District and the appellant gave a leave application to his co-worker and asked him to convey the matter to the superiors. However, in view of indifferent relation between the petitioner and his co-worker, he did not handover the letter and gave the appellant an impression that he handed over the same and the appellant believed the said statement. THE sudden death of his father was a great shock to the appellant. Hence, he fell sick and he sent medical certificate. THEreafter, his sister also died and as a result of which, the appellant had undergone further period of mental strain and was absent from his duty for the period mentioned above. On those facts, a charge memo was given to the appellant, to which he gave his explanation on 05.04.1986 and a department enquiry was held on 04.05.1986, in which the charges were proved. THEreafter, a second show cause notice was served on him and finally, the appellant was removed from service by order dated 27.06.1986. THEreafter, the appellant filed several petitions against the order dated 27.06.1986. After a period of five years, he went before the Assistant Commissioner of Labour and raised a dispute. Conciliation ended in failure. Even thereafter, the appellant did not approach the Labour Court. Ultimately the Labour Court was approached and the following issues were framed for adjudication. THEy are as follows:-

(3.) THE learned Judge of the writ Court quashed the award of the Labour Court inter alia on two grounds.