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2020 Supreme(Kar) 1707

S.SUJATHA
Uday Kumar Hebbal S/o Vittala – Appellant
Versus
Divisional Controller and Disciplinary Authority, Puttur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Ranganatha S. Jois.
For the Respondents: Smt. H.R. Renuka, Sri. C.N. Mahadeshwaraiah.

ORDER :

1. The matter is taken up for final disposal at this stage itself, with the consent of the learned counsel appearing for the parties.

2. The petitioner has challenged the order dated 25.07.2016 passed by the respondent No. 1 as well as the order of the Labour Court dated 28.03.2018 in IDA No. 33/2017 passed by the respondent No. 2 inter-alia seeking a direction to the respondents to reinstate the petitioner in service forthwith with continuity of service and other consequential reliefs.

3. The petitioner-workman was the applicant before the Labour Court wherein he had challenged the order of dismissal dated 25.07.2016 dismissing him from the service on the allegation that he remained absent without sanction of leave for the period from 24.10.2015 to 02.02.2016 [102 days]. The Labour Court by order dated 28.03.2018 has approved the order of dismissal, rejecting the dispute filed by the petitioner. Hence, the present writ petition.

4. Learned counsel for the petitioner submitted that the alleged unauthorized absence is for a period of 102 days from 24.10.2015 to 02.02.2016 assuming that the said absence was without leave, it could not be construed as a grave misconduct to impose

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