M ANANTHAN Vs. PRESIDING OFFICER PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) The writ appeal is directed against the order passed by a learned single Judge of this Court dated 15.9.2006 in W.P. No. 16768 of 1997.

(2.) The appellant was employed as Assistant Operator in Modern Rice Mill, Thimmavaram, Chengalpet from 5.3.1970. The said Rice Mill was taken over by the second respondent Corporation which is fully owned by the Government of Tamil Nadu. Thereafter, the appellant became the employee of the second respondent Corporation from 1.12.1972. In the year 1975, he was transferred from Thimmavaram, Chengalpet to Pollachi in Coimbatore District. He was promoted as an Operator on 6.1.1978. While so, he was again transferred from Pollachi to Thalayuthu, Tirunelveli on 14.2.1983. He joined duty on 28.3.1983.

(3.) While he was serving in the Modern Rice Mill at Thalayuthu, Tirunelveli, he was issued with a charge memo dated 26.1.1985 making some allegations. The crux of the charge was that he took various kinds of leave frequently, disrupting production in the Modern Rice Mill. The charge memo was sent to his earlier address at Pollachi and the same was returned unserved. The second respondent sent telegrams in June 1985 directing him to join duty immediately. The appellant sent a reply telegram on 28.6.1985 seeking ten days time to join duty. Accordingly, he reported for duty on 8.7.1985 and also gave a joining report. However, it is his case that he was not permitted to sign the attendance register. That is, according to him, he was denied work. In these circumstances, the aforesaid charge memo dated 26.1.1985 was served to him at Thalayuthu on 11.7.1985. He gave his explanation on 10.8.1985 and the same was acknowledged by the second respondent on 13.8.1985. He denied the charges. He stated that he took prior permission for his absence.