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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
THE DEPOT MANAGER APSRTC KHAMMAM DIST. – Appellant
Versus
K. BABU RAO AND ANOTHER – Respondent
THE HON’BLE SRI JUSTICE PULLA KARTHIK
ORDER:
Assailing the award passed by the Industrial Tribunal-cum-
Labour Court at Warangal (for short, ‘the Labour Court’) dated
02.05.2006 in I.D.No.13 of 2003, the present Writ Petition was filed.
2. The brief facts of the case are that respondent No.1, while working as a Driver in the petitioner Corporation, allegedly remained unauthorisedly absent to his duties from 12.05.2000 to 21.06.2000. Thereafter, respondent No.1 was directed to attend Medical Check-up, wherein, he was found fit to attend to his duties. However, instead of attending his duties, the petitioner remained absent to his duties and reported to duty only on 01.11.2000, by producing a medical certificate dated 23.10.2000. Later, on verification, it was found that respondent No.1 tried to forge the fitness certificate to cover up his absenteeism. Therefore, he was issued with a charge sheet dated 13.02.2001, alleging his unauthorized absenteeism, besides forgoing a false sick certificate. In response, respondent No.1 submitted his explanation on 23.02.2001. However, dissatisfied with the same, a departmental enquiry was conducted in conformity with the principles of natural justi
Failure to comply with leave regulations justified dismissal of employee for chronic absenteeism.
The judgment emphasized the discretionary jurisdiction of the Labour Court under Section 11-A of the Industrial Disputes Act and the limited scope of interference by the High Court under Article 226 ....
An employee's failure to participate in disciplinary proceedings and present a defense undermines any subsequent claims of justification for absence, leading to the affirmation of dismissal.
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