BAL KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition seeks quashing of order dated 5.9.2001, Annexure P-9 terminating the services of the petitioner and award dated 9.11.2006, Annexure P-17 upholding the same.

(2.) Case of the petitioner is that he was appointed as Driver on daily wages in Haryana Roadways on 7.7.1997. His services were regularized on 4.12.1978. On 20.12.1996, he fell sick and did not report for duty. Chargesheet dated 13/31.3.1997 was given to him. On 8.5.1997, he joined service. An Inquiry Officer was appointed who gave report on 19.8.1998, holding misconduct of absence from duty to have been proved. Show cause notice was issued against the petitioner, but he could not receive the same. He again became unwell on 26.12.2000 and did not report for duty. Publication was issued in vernacular paper on 14.4.2001 and 15.4.2001, proposing dismissal from service. He was then dismissed from service. He raised an industrial dispute which was referred for adjudication. The Labour Court upheld the finding of misconduct and the order of punishment.

(3.) In the reply filed, it has not been disputed that from 5.12.1978 to 26.12.1996, the petitioner rendered almost 18 years of service. He became absent, thereafter.