RISHI KUMAR Vs. PRESIDING OFFICER AND ORS.

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari seeking quashing of the Award dated 1.9.2014 (Annexure P4). Petitioner had raised an industrial dispute by serving a demand notice challenging his termination from services with effect from 11.9.2007. The appropriate Government referred the dispute for adjudication to the Industrial Tribunal -cum -Labour Court -I, Gurgaon.

(2.) The case of the petitioner, in brief, was that he had joined the respondent Company as a "worker" with effect from 3.2.2001. On 11.9.2007, petitioner could not attend his duty due to illness. Petitioner had taken treatment from a local doctor and he informed the respondent -management on telephone regarding his illness and had sought two days sick leave. After availing the leave, when the petitioner reported for duty, he was not allowed to join his duty. Earlier petitioner had availed leave but the said period was considered by the respondent -Management as absence from duty and departmental inquiry was held against the petitioner. However, after considering the submissions made by the petitioner, he was allowed to join duty and was ordered to be kept under observation for one year. Petitioner had sincerely performed his duty. Thereafter, petitioner had availed two days sick leave and had informed the respondent -Management in this regard but they had wrongly treated the said period as absence from duty.

(3.) Respondents No. 2 and 3, in their written statement, averred that the petitioner was working as Casual Operator with them with effect from 3.2.2001. Petitioner was a habitual absentee. Petitioner was charge -sheeted on 5.5.2007 and a regular departmental inquiry was held against him. Petitioner admitted his guilt before the Inquiry Officer and he requested for a last opportunity to allow him to improve his behaviour. As requested by the petitioner, punishment of dismissal from services was kept in abeyance and petitioner was kept under observation for one year. However, in September, 2007, petitioner had absented from duty for three days. In these circumstances, as per the agreed terms of settlement dated 20.6.2007, services of the petitioner were terminated on 12.9.2007.