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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Namavarapu Rajeshwar Rao
M.Shankar Rao, Khammam Dist – Appellant
Versus
A.P. State Road Transport – Respondent
| Table of Content |
|---|
| 1. respondents justified the dismissal due to absenteeism. (Para 7 , 8) |
| 2. court reviewed the dismissal's legality. (Para 9 , 10) |
| 3. writ petition dismissed without costs. (Para 11) |
ORDER:
The petitioner filed the present writ petition aggrieved by the Award, dated 29.09.2005 passed in I.D.No.128 of 2002 by the Industrial Tribunal-cum-Labour Court at Warangal.
3. Brief facts of the case are as follows :-
(b) The petitioner underwent Ayurvedic treatment at Tenali and sent his leave letter along with a medical certificate. As his health condition did not permit him to attend duty as a Driver, he remained absent and informed the same to the Depot Supervisor. Though a notice was issued to the petitioner regarding the conduct of an enquiry, he could not attend the enquiry as he was out of station and did not submit any reply. Consequently, an ex-parte enquiry was conducted, and a report was submitted by the Enquiry Officer on 09.02.2000. Thereafter, the 4th respondent issued a show-cause notice and finally passed order dated 01.03.2000, removing the petitioner from service.
4. Learned counsel appearing for the petitioner submits that the Labour Court did not properly appreciate
Failure to comply with leave regulations justified dismissal of employee for chronic absenteeism.
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.
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