R. SHANMUGAM Vs. PRESIDING OFFICER AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed, seeking for the following relief:

(2.) The case of the petitioner is that he was appointed as casual employee on 14.5.1988 and thereafter, he was confirmed in service on 29.8.1991 and posted as Danger area worker to work as Detonator and Detonating Fuse Production Division. The second respondent herein is a public sector undertaking of the Government of Tamil Nadu. According to the petitioner, in view of his posting in danger area, he had developed periodical health problems for which, he was forced to take leave on certain occasions. In view of his frequent absence from duty, disciplinary action was initiated and a domestic enquiry was conducted and eventually he was terminated from service on 16.10.2002. The petitioner challenged his termination by raising an industrial dispute before the first respondent Labour Court in I.D.No.251 of 2004. The first respondent Labour Court, after adverting to all the materials placed on record and after appreciating the arguments and submissions made on behalf of both the workman and Management, by award dated 12.5.2009, dismissed the industrial dispute. The award passed by the Labour Court, dismissing the claim of the petitioner, is put to challenge in the present Writ Petition.

(3.) Shri S.T.Varadarajulu, learned counsel appearing for the petitioner, at the out set, would submit that the Labour Court has considered the crucial fact that the petitioner was posted in danger area and he suffered from occupational hazard and developed severe health problem. Therefore, he had taken leave on several occasions which forced him to remain absent from duty and that cannot be the basis for termination of service.