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ABHINAND KUMAR SHAVILI, LAXMI NARAYANA ALISHETTY
Depot Manager – Appellant
Versus
S. K. Jaffar – Respondent
JUDGMENT :
Laxmi Narayana Alishetty, J.
Heard Sri A.Srinivas Reddy, learned Standing Counsel for Telangana State Road Transport Corporation appearing for the appellant and Sri P.Sridhar Rao, learned counsel for the respondent.
2. The order passed by learned single Judge of this Court in W.P.No.33505 of 2017, dated 14.07.2023, is under challenge in the present Writ Appeal.
3. By the order under appeal, the learned single Judge dismissed the said Writ Petition filed by the appellant herein, thereby confirming the Award dated 07.04.2016 passed by the Industrial Tribunal and Labour Court-cum-VI Additional District and Sessions Judge, Godavarikhani, (for brevity, hereinafter referred to as ‘the Labour Court’) in I.D.No.12 of 2015.
4. In nut-shell, the facts of the case are that the respondent was appointed as Driver in the appellant-Corporation in the year 1987 and his services were regularized during the year 1988. While so, on the ground that he was unauthorisedly absent from duty from 14.02.2005 to 26.02.2005, a charge sheet was issued to him; that the respondent submitted his explanation to the same on 03.03.2005; that not being convinced with the said explanation, enquiry was conducted;
The court ruled that a nine-year delay in raising an industrial dispute does not automatically render the claim stale, but the punishment for absenteeism must be proportionate to the misconduct.
The court reinforced that a history of misconduct and undue delay in challenging an award limits entitlement to relief in service matters, aligning with principles on delay and laches.
The court emphasized the necessity of compliance with interim orders, ruling that non-compliance justified the dismissal of the writ petition.
The absence of a prescribed time limit for making a reference to the Labour Court should be considered in conjunction with general principles of delay and laches, and the plea of delay, if raised by ....
Failure to comply with leave regulations justified dismissal of employee for chronic absenteeism.
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The court upheld the Labour Court's exparte award due to the petitioner's failure to comply with orders and present evidence, dismissing the Writ petition for lack of merit.
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