CEAT LTD Vs. S D SAWANT

JUDGEMENT

(1.) AS these petitions give rise to common questions of law and facts, they can conveniently be disposed of by this common judgment.

(2.) THE respondent-workman, who has been working with the petitioner- company, has started remaining absent on and from April 17, 1988 for different length of time. The details are set out in the Synopsis of dates and events. In the years 1988 and 1989, he remained absent for a number of days and, thereafter, in February 1993, he was served with a show cause notice for his absence on the ground of illness during the years 1990, 1991 and 1992. Finally, by letter dated March 26, 1993 a charge-sheet came to be issued wherein it was shown that the respondent-workman was absent on the ground of ill-health, particularly in the 3rd shift on 51 occasions out of 63.

(3.) THE workman was given personal, hearing and, thereafter, the finding of this enquiry was also communicated to the workman. However, looking to his length of service, a final warning letter was issued on June 8, 1994 setting out in that letter the stand of the petitioner-company that final opportunity is given to the workman to mend his ways. There was no change whatsoever in his regularity.