KUMARAVEL A Vs. TAMIL NADU MINERALS LTD

JUDGEMENT

(1.) THE action of the second respondent, viz. , Managing Director, TAMIN Limited, Chepauk, Madras dated May 23, 1990 terminating the services of the petitioner herein, the Assistant Manager, I/c, (Cost and Production Control) in Tamil Nadu Minerals Limited, with effect from January 1, 1990 which was confirmed by the first respondent, viz. , Tamil Nadu Minerals Limited Board of Directors, Chepauk, Madras, by the order dated April 15, 1991 rejecting the appeal filed by him is called in question in this writ petition.

(2.) A. Kumaravel, the petitioner herein, after completion of his M. Sc. in Geology, joined the Tamil Nadu Minerals Limited (TAMIN) as a Project Officer Trainee by the order of the second Respondent dated July 24, 1985. After his training, he became a temporary Project Officer. After he completed his probation period on January 31, 1988, by the proceedings dated November 1, 1988 of the Chairman and Managing Director, it was declared that he had completed the probation. Thereafter, on a revised scale, he was appointed as an Assistant Manager, I/c, (Cost and Production Control) and working from the year 1989.

(3.) DURING the end of December 1989, he suffered serious domestic turmoils. His wife who was in the stage of advanced pregnancy required urgent medical care to avert a miscarriage. His father-in-law also was in death bed. Therefore, through his letter dated December 30, 1989, he applied for leave from 12, 1990 to January 6, 1990. Again on January 8, 1990, he sought for extension of leave for 9 more days from January 8, 1990 to January 16, 1990. While he was attending on his wife, his elder father-in-law died on February 2, 1990. Under these circumstances, he could not rejoin duty, since he had to look after the whole family.