SHRI RANJIT BHOWMIK, S/O LATE GOURANGA BHOWMIK, VILLAGE AND PO Vs. HINDUSTAN PAPER CORPORATION LIMITED, SOUTH TOWER (4TH FLOOR), SCOPE MINAR, LAXMINAGAR DISTRICT CENTRE, NEW DELHI

JUDGEMENT

(1.) Heard Mr. N. Dhar, the learned counsel appearing for the appellant. The respondents are represented by the learned Sr. counsel Ms. M. Hazarika.

(2.) The appellant (hereinafter referred to as the employee ) while serving as Technical (Fitter-III) in the Panchgram Paper Mill of the Hindustan Paper Corporation (hereinafter referred to as the HPC ) was charged with misconduct under Clause 28(10) of the Certified Standing Orders, applicable to the HPC. It was alleged that the employee is a habitual absentee and has remained absent for 104 days on 41 different occasions, during 01.01.1997 - 15.12.1997. The employee failed to submit any reply to the charges and accordingly Mr. J. Debnath, Executive (P &A) was appointed on 11.02.1998 to enquire into the misconduct. The finding given on 17.04.1998 discloses that the employee, in course of the enquiry, admitted to the charge levelled against him and thus the Enquiry Officer opined that the charge is established. When the enquiry finding was furnished to the employee, in his reply of 18.05.1998, the employee mentioned about his personal difficulties and health problem. The employee also mentioned that although he undertook to produce the medical certificate for his bronchial and gastric ulcer problem before the Enquiry Officer, he failed to do so.

(3.) In furtherance to the above proceeding, the disciplinary authority of the HPC considered the charge, the finding of the Enquiry Officer and the response of the employee and applied his mind on the appropriate penalty. After due consideration, the disciplinary authority ordered for removal of the employee, through the order dated 10.02.1999. Accordingly one month wages was offered to the employee and approval was sought for the disciplinary action from the Industrial Forum, under Sec. 33(2)(b) of the Industrial Disputes Act, 1947.