OM PRAKASH NAGAR Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) CHALLENGING the order dated 14.7.2000 passed by the appellate authority exercising powers under Section 58 of the M.P. Shops and Establishments Rules 1959 and challenging the action of Respondent No.2 in terminating the services of the petitioner on the ground of unauthorized absence, petitioner has filed this writ petition.

(2.) IT is the case of the petitioner that he was employed in the establishment of the respondent as a Gate Keeper w.e.f. 1989 and his services have been dispensed with w.e.f. 1.9.1997, it is stated that petitioner is victim of Bhopal Gas Tragedy and has suffered various complications and in view of the same, he was absent on certain dates and because of his absence, his services have been terminated without showing any reasons, without issuing any charge-sheet as required under the law. Inter-alia contending that the action taken is unsustainable on these counts, an appeal was filed under Section 58 of the M.P. Shops and Establishments Rules, 1959 and the appeal having been dismissed vide order dated 14.7.2000, petitioner is before this Court.

(3.) SHRI Piyush Tiwari, learned counsel appearing for Respondent No.2 refuted the aforesaid and pointed out that a show cause notice was issued to the petitioner for unauthorized absence and he submitted two communications admitting his guilt and based on the same, the action is taken. Taking me through order passed by the appellate authority exercising jurisdiction under Section 58 of the Act, Shri Tiwari submits that the petitioner himself having admitted his guilt for being absent, no further enquiry was needed and as the action taken is in accordance with law, the order passed is liable to be upheld. As far as payment of salary to the petitioner is concerned, Shri Tiwari pointed out that a demand draft was forwarded to the petitioner and the payment was received by the petitioner before termination and, therefore, there is no breach of statutory provision.