G.NAGAIAH Vs. INDUSTIRAL TRIBUNAL

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking a Writ of Certiorari and quashing the impugned award of the Industrial Tribunal-cum-Labour Court, Godavarikhani, dt.18.09.2000 in I.D.No.159 of 1996 published on 10.01.2001.

(2.) Brief facts of the case are that the petitioner joined the service of the 2nd respondent Corporation as Cleaner on 02.01.1981 and was promoted as Painter in 1984. As he was not keeping good health during the month of July, 1986 and also due to the fact that his sister died during that period, the petitioner could not attend to duties and the reasons for his absence and sick certificate were communicated to the 2nd respondent.

(3.) However, the 2nd respondent issued a charge sheet dt.06.08.1986 alleging that the petitioner did not attend to duties during the period from 06.07.1986 to 06.08.1986 and also that in the earlier year he remained unauthorisedly absent for a period of 90 days. After conducting departmental enquiry, the petitioner was removed from service and thereafter, after exhausting the departmental remedies, the petitioner raised an Industrial Dispute before the 1st respondent. The 1st respondent confirmed the punishment of removal from service and thereafter the present Writ Petition is filed under Article 226 of the Constitution of India.