BALA SHANKAR Vs. MANAGING DIRECTOR, APSRTC

JUDGEMENT

(1.) The petitioner is a Workman, being a Driver in Andhra Pradesh State Road Transport Corporation (for short, "the Corporation"). He filed the present writ petition questioning the Award of the Labour Court-I, Hyderabad, passed in I.D. No. 37 of 2004 dated 06.03.2006. The facts in brief are that the petitioner was initially employed as a Casual Driver on daily wage basis on 29.08.1990, but was subsequently appointed as a regular Driver from 26.01.1991. Initially, he was removed from service on 02.11.1996 for his unauthorized absence, but was reinstated into service as per the orders, dated 30.09.1999, passed in the departmental revision petition. Later in course of time, there appears to be a relapse on his conduct, as the petitioner has come to be charged with unauthorized absence from 13.02.2000 to 03.05.2000, i.e., for 81 days - without applying for leave.

(2.) The Traffic Inspector - III, Tandur Depot, having enquired into the issue of unauthorised absence, submitted his report dated 24.03.2000 stating that the petitioner remained absent from his duty for 81 days, as was mentioned above, without prior intimation or sanction of any leave. Basing on the said report, the Corporation issued a charge sheet on 03.05.2000 with the following charge:

(3.) The record reveals that consequent upon the serving of the charge sheet, the petitioner did not seem to have submitted any explanation within the stipulated time; resultantly, an enquiry was ordered to be conducted based on the charge sheet which was earlier served on the petitioner.