KANPUR ELECTRICITY SUPPLY COMPANY LTD Vs. ASHOK

JUDGEMENT

(1.) HEARD counsel for the petitioner and the standing counsel. This writ petition has been filed by Kanpur electricity Supply Co. Ltd. (hereinafter referred to as KESCO) through its Managing Director against an award dated January 22, 2008 given by Labour Court, III, U. P. , Kanpur in adjudication case No. 38/2004.

(2.) THE facts of the case in nutshell are that assistant Manager found respondent No. 1 absent from duty and therefore a show cause notice dated December 28, 2002 was issued to the workman for explaining his absence from october 21, 2002 in writing. The workman in his explanation dated January 9, 2003 informed that he was in jail as he stood surety for Rs. 15000/- of one Radhey son of Lalaram Jatav, in case crime No. 213/1994, under Section 394, 307, 411, 420 IPC, P. S. Pheelkhana, Kanpur nagar who did not appear in Court on several dates.

(3.) IT appears that a notice was issued to the workman for recovery of surety amount of Rs. 15000/- but as he could not discharge his obligation towards the surety given by him, he was confined to jail. On receipt of explanation, the employer terminated services of respondent No. 1 forthwith on ground of misconduct of absence from duty without proceeding any further in the matter and without holding any domestic enquiry. Aggrieved by termination of his services, workman raised an industrial dispute which has culminated in the aforesaid award dated January 22, 2008 which has been published on March 17, 2008 and is under challenge in this writ petition.