MANAGEMENT OF METROPOLITAN TRANSPORT CORPORATION CHENNAI LTD Vs. PRESIDING OFFICER PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent.

(2.) THIS writ petition has been filed challenging the award of the first respondent Labour Court, dated 30. 4. 2003, made in I. D. No. 328 of 1997.

(3.) IT has been stated that the second respondent had been appointed as a Conductor in the petitioner Corporation, with effect from 31. 12. 1986. While he was on duty at Avadi Depot of the petitioner Corporation, he had absented himself from duty, from 20. 11. 1993, without prior permission and without leave being sanctioned. As he was absent for more than 8 consecutive days, disciplinary proceedings had been initiated against him, under Clause 11 (C) of the Certified Standing Orders of the petitioner Corporation, for unauthorised absence amounting to misconduct. Hence, the second respondent was issued with a charge memo, on 6. 12. 93. The charge memo had been sent to the second respondent's last known address, by a registered post with acknowledgment due. The envelope sent by registered post had been returned with the endorsement `not Found during my delivery time'.