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the respondent no.2 workman after his alleged absenteeism from
25.12.2001, calling upon him to resume his duties. The said
witness ... charge sheet was issued to the
respondent workman because of his absenteeism from the duty.
The Labour Court after placing reliance on the case
12871/2009 Page 4 of 26
The petitioner kept signing absentee statement in order to receive salary
from March 16, 2001 to February ... absentee statement was
sent to Manager, Salary directly without getting counter-signed or
verified by Controlling Officer despite the fact, he was not reporting
marriage of his brother and there was no
intentional or unauthorized absenteeism on the part of the
petitioner which could have led to inflicting such ... petitioner in the instant case is not
that of unauthorized habitual absenteeism and therefore,
the punishment of removal awarded to the petitioner is
clearly
dismissed.
3. It has been stated that prior thereto two absentee notices dated 04.11.1997 and 31.12.1997 had been issued at his permanent residential address with ... shows that const. Durga Prasad No. 05/RB is a habitual absentee and an incorrigible type of police personnel which renders him liable
dated
November 16, 2006, P.S. Bawana.
26. She stated that, an absentee notice dated November 20, 2006
was issued against the petitioner through ... stating that, in the present
case the petitioner was an unauthorised absentee as he did not take
prior approval from the competent authority or produce
once Constable Chokhe Ram
had gone to serve him a notice of absentee and on seeing
his critical condition he lodged a D.D. entry ... departmental proceeding against him was
initiated. In the summary of allegation previous absentee
record of the petitioner is shown as under :-
"Previous Absentee Record
does
not come in the way of DTC chargesheeting the workman for absenteeism. Mere
absenteeism is not a misconduct under the Standing Orders ... Orders of an organization provide
for automatic discharge in the event of absenteeism, the principles of natural
justice must be read into such Standing Orders
medical rest. He was recorded absent since 8th May, 1991. Thereafter two absentee notice dated 4th June, 1991 and 24th June, 1991 were sent ... minutes. The petitioner was also found to be a habitual absentee as he had absented himself unauthorisedly on 40 earlier occasions. On the grounds
contract came to an
end in the year 2011 and her absenteeism was a factor which determined the
aforesaid decision.
6. The workman was appointed ... subsequent extension of contract for another four years.
7. The aforesaid alleged absenteeism was never a factor when the
contract was extended in the year
different occasions between 10.12.81 to 18.12.2001 suggesting that he was a habitual absentee. After the enquiry, Enquiry Officer held the petitioner guilty of the aforesaid ... defaulter and that too when he is a previous habitual absentee case on 63 occasions though the previous absentee cases have been decided
