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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE
Rabi Bouri @ Bauri – Appellant
Versus
Eastern Coalfields Limited – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
Preface:
1. In this fourth round of litigation, an employee of Eastern Coalfields Limited, serving as a UG Loader (Gr. V-A Trainee P.S.), who had been dismissed from service on the ground of unauthorized absence, instituted the present writ petition challenging the order dated January 13, 2020, passed by the General Manager in compliance with the order dated November 7, 2019, in W.P. 22056(W) of 2009, whereby his dismissal was affirmed. The petitioner further assailed the charge-sheet dated July 15, 1994, and the dismissal order dated October 7, 1994, seeking reinstatement in service with back wages. During the pendency of the writ petition, the petitioner expired, and, on the basis of an application filed by his legal heirs, they were substituted in place of the writ petitioner, since deceased and are prosecuting the proceedings.
Petitioners’ case:
2. Before addressing the core controversy in this writ petition, it is appropriate to first set out the essential facts, as stated in the writ petition, which are reproduced hereinbelow:
i) On March 27, 1989, the petitioner was appointed as loader vide no. U. Man No. 10358.C.M.P.F. on compassionate gro
Judicial review of employment dismissal upholds employer's decision for unauthorized absence, stressing the responsibility of the employee to inform their employer, particularly during prolonged illn....
The court clarified that judicial review in disciplinary matters is limited, focusing on procedural fairness and legality, thereby confirming the legality of dismissal for unauthorized absenteeism.
The court emphasized the importance of considering compelling circumstances, avoiding double jeopardy, and imposing proportionate punishment in service dismissal cases.
Unauthorized absence from duty must be proven willful to constitute misconduct; penalties must be proportionate to the offense and consider the employee's service record.
Modification of penalty that is imposed by disciplinary authority unless, in an exceptional circumstances, is a realm of the powers of Disciplinary Authority. Therefore matter is to be remitted back ....
Discretion under Section 11-A must be exercised judiciously; compassion cannot be the basis for modifying penalties in labor disputes involving misconduct.
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