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 illness.

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 ground in place of his father who had died in harness. The petitioner's appointment was duly approved on and from April, 1992.

ii) In September 1992, the petitioner was diagnosed with Epilepsy and was initially treated at Satgram Area Hospital under the supervision of the respondent authorities from September 18, 1992 to January 6, 1993. Thereafter, he was discharged from the hospital and declared fit to resume duties. However, soon thereafter, epileptic episodes recurred and/or relapsed. The petitioner, belonging to the weaker section of society, was constrained to undergo unconventional treatment under the supervision of local ojhas, and during this period, he was unable to attend his duties owing to his ailment.

iii) A charge-sheet dated July 15, 1994 was issued by the Agent/Manager, North Searsole Colliery, alleging unauthorized absence in violation of Section 17(i)(n) of the Industrial Employment (Standing Orders) Central Rules, 1946. The petitioner participated in the enquiry and was afforded an opportunity to cross-examine the witnesses produced by the management, which he declined. The Enquiry Officer returned a finding that the charge against the petitioner stood proved, primarily on the ground that the delinquent employee had failed to produce any medical documents to substantiate his illness, and accordingly, his absence was held to be unauthorized. By an order dated October 7, 1994, the General Manager, Kunustoria Area, dismissed the petitioner from service with immediate effect and directed him to collect his dues upon completion of the requisite formalities.

iv) Challenging the legality and propriety of the dismissal order, the petitioner filed W.P. No. 16428 (W) of 1995, which was disposed of by a Coordinate Bench of this Court by an order dated September 18, 1995. By the said order, liberty was granted to the petitioner to submit a representation before the competent authority within the time stipulated therein, and in the event such representation was filed, the respondent authority was directed to consider the same. Taking note of the petitioner's illness and his confinement in hospital at the relevant time, the authority was directed to dispose of the representation after affording an opportunity of hearing to the parties, permitting the petitioner to produce relevant documents, and by passing a reasoned and speaking order.

v) Pursuant to the liberty granted, the petitioner submitted a representation, whereupon a hearing was conducted. However, by an order dated October 12/24, 1996, the General Manager, Kunustoria Area, rejected the representation and upheld the order of dismissal.

vi) Challenging the order dated October 12/24, 1996, the petitioner filed another writ petition, being W.P. No. 8236 (W) of 1998, which was disposed of by a Coo