R.BALASUBRAMANIAN Vs. ASSISTANT GENERAL MANAGER (REGION II)

JUDGEMENT

(1.) The writ petitioner is the appellant. The writ petition challenges the award dated 04.07.2006 passed by the Industrial Tribunal cum Labour Court, Chennai in Industrial Dispute I.D.No.57 of 2005, by which, the Labour Court refused to interfere with the punishment of removal from service imposed against the appellant petitioner by the Authorities.

(2.) The charge against the appellant petitioner is of unauthorized absence from duty for 286 days from February 2000 to 14.02.2001 without obtaining prior sanction of leave by the appropriate Authority. During the enquiry proceedings, the appellant petitioner accepted the charge. The Enquiry Officer also looked into the exhibits marked by the Department and came to a conclusion that the appellant petitioner had absented unauthorizedly, without any prior sanction by the appropriate Authority. The Disciplinary Authority accepted the finding of the Enquiry Officer and gave a punishment of removal from service.

(3.) On appeal, the Appellate Authority found that the appellant petitioner was unauthorizedly absented from duty from 01.01.1996 to 29.07.1996. The Appellate Authority held that the petitioner was granted extraordinary leave of 313 days from 01.01.1996 to 31.12.1996. Again, the appellant petitioner has been unauthorizedly absent from 16.02.2000 to the date of discharge i.e. 16.09.2002. The Appellate Authority, came to a conclusion that the appellant petitioner has been continuously absent for more than two years and has not mended himself, even after sufficient opportunities was given to him.