INDIAN AIRLINES LTD Vs. PREMCHAND

JUDGEMENT

(1.) Notice has been issued in this petition on 14th February, 2005 for hearing and final disposal at the stage of admission. The respondent has accordingly appeared before the Court in response to the notice through Counsel. The petition has in these circumstances been heard and is being finally disposal of by consent at the stage of admission.

(2.) The respondent joined the services of Indian Airlines as an Air-conditioning technician in the Engineering Department on 18th March, 1983 and was later confirmed. On 23rd June, 2000 a charge-sheet was issued to the respondent for unauthorized absence for a period of 96 days during the period 1998-99. The respondent filed his reply on 12th July, 2000 and claimed that his absence from duty was on account of sickness and that he had been a heart patient since 1992. The respondent annexed certain copies of his medical reports. A Departmental Enquiry was convened against the respondent to enquire into the charge of unauthorized absence. On 24th August, 2000 proceedings took place before the Enquiry Officer at which the respondent was represented by Rampal Singh as his defence representative. The Minutes of the enquiry proceeding have been signed by the defence representative as well as by the respondent. In response to a question of the Enquiry officer, the respondent stated that he was pleading guilty of his "own accord and without any pressure from any quarter". The respondent, however, stated that he had to remain absent from duty on the ground of sickness. The charge of unauthorized absence was sought to be proved by the management through a representative from the Time Office who produced the leave and attendance record of the respondent for the year 1998-99. The leave and the attendance record showed that the respondent was absent for 44 days in 1998 and for 52 days in 1999. The Enquiry Officer asked the respondent as to whether he was satisfied his attendance record maintained by the Time Officer to which he answered in the affirmative. The Enquiry Officer thereupon gave to the respondent an opportunity to furnish any reason or comments in his defence including medical certificates in support of his plea of absence due to sickness. The respondent stated that he was a heart patient since 1992 and was undergoing medical treatment through Indian Airlines Limited. Moreover, it was stated that the MRI of his Lumar Spine had revealed certain irregularities with reference to which a medical certificate was issued on 5th April, 2000 by an Imaging Laboratory in New Delhi. The respondent also produced an Electrophysiology report dated 20th May, 2000. The respondent stated that he had been obtaining medicine from the medical department of Indian Airlines for the previous four or five years and that he was sick during the period 6th august, 1999 to 10th August, 1999, 12th August, 1999 to 14th August, 1999 and 9th October, 1999 to 13th October, 1999. The respondent stated that he had remained absent mainly due to his sickness and requested the management to consider his case sympathetically by taking a lenient view. The enquiry Officer in the course of his report adverted to the leave and attendance record of the respondent and to the material which had been produced by the respondent in support of his absence from duty on the grounds of sickness. The Enquiry Officer accepted the medical documents submitted by the respondent and came to the conclusion that these documents accounted only for unauthorized absence of a period of 13 days of the 96 days for which he had been charge-sheeted. The charges were consequently held to be proved.

(3.) An approval application was filed under section 33 (2) (b) of the Industrial disputes Act, 1947 by Indian Airlines Limited before the National Industrial tribunal at Mumbai. The Presiding Officer of the National Industrial tribunal has held that there was a breach of the principles of natural justice. Consequently, the enquiry was set aside and the management was given an opportunity to prove the charge of misconduct before the Tribunal.