MANAGEMENT OF AIRPORT AUTHORITY OF INDIA INTERNATIONAL AIRPORTS DIVISION Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) HEARD the arguments of the learned counsel for the parties and perused the records.

(2.) THIS writ petition is filed by the Airport Authority of India, International Airports Division against the Award dated 21.11.1997 passed by the first respondent Industrial Tribunal in I. D. No. 64 of 1992 wherein and by which the first respondent who was working as a Beldar was directed to be reinstated with 50% backwages.

(3.) IT is now stated by Mrs. Narmada Sampath, learned counsel for the petitioner that the above order has been complied with. The charge against the second respondent was that he had willfully absented himself from duty from 16.5.1987 on medical grounds without submitting proper leave application. He was given a memos dated 25.8.1987 and 03.11.1987. Inspite of the same, he had absconded from duty. IT was thereafter, the officers from the Personnel Department of the petitioner Management, accompanied by a Medical Officer, visited his residence on 18.11.1997 and the second respondent was questioned in the presence of his parents regarding his absence for more than six months. As he could not give any satisfactory explanation, a show cause notice dated 12.12.1987 was given to him in terms of Regulation 31(2) of the International Airport Authority of India General Conditions of Service Regulations, 1980 [for short, 'Regulations']. The said regulation reads as follows:- "If an employee remains absent without any intimation prior permission for a period of two months he will to be deemed to have abandoned his job and his services will be terminated without any notice." Since he was absent even beyond that date, it was presumed that he was no longer in the service of the petitioner Management.