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2025 Supreme(Mad) 4154

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
M. Jayaraman – Appellant
Versus
Presiding Officer, Second Addl. Labour Court High Court Compound Chennai – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Apunu V. Swarnam for Mr. K.J. Arunachalam.
For the Respondents: Mr. M. Aswin, Standing Counsel, Labour Court.

ORDER :

(D. BHARATHA CHAKRAVARTHY, J.)

All these Writ Petitions are connected and taken up and disposed of by this common order.

2. Two Workmen are involved in this case. The Workman – M.Jayaraman joined the services of the Management in the year 1973 as Driver. While so, due to the hospitalisation of his son and daughter on account of an accident, he had taken leave on 25.02.1997. On the ground that he was unauthorizedly absent for a period of 8 days, a charge memorandum was issued on 15.05.1997. The explanation was not acceptable and domestic enquiry was conducted. The charge was held to be proved in the domestic enquiry and by an order dated 08.01.1998, he was dismissed from service. Therefore, the said Workman raised a dispute. Conciliation failed. Claim Petition was taken on file as I.D.No.326 of 2000. The Claim Petition was resisted by the Management.

3. It is the case of the Management that the Workman was unauthorizedly absent, when he was allotted duty as Driver. Due to his absence, the public will be affected and the bus could not be operated. In these cases of unauthorised absence, even though it is for a short period, the charges are serious in nature.

4. With the above plea

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