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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:
NAMAVARAPU RAJESHWAR RAO, J.
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.
2. Heard Sri P.Ravi Shanker, learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents.
3. Brief facts of the case are as follows :-
(a) The petitioner was appointed as a Driver on daily wage basis in the year 1992, and his services were later regularized in the year 1997. Since then, he has been discharging his duties without any complaint. During the month of December 1999, he suffered ill-health due to jaundice and was unable to attend his duties. He reported the same to the Depot Supervisor, who did not grant any leave.
(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
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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