statement of objections. He would contend that
petitioner was a regular absentee and out of total
number of 1060 working days petitioner has remained ... learned Central Government Counsel
would also indicate that petitioner was a habitual
absentee for duty and he had remained absent most of
the time during
statement of objections. He would contend that
petitioner was a regular absentee and out of total
number of 1060 working days petitioner has remained ... learned Central Government Counsel
would also indicate that petitioner was a habitual
absentee for duty and he had remained absent most of
the time during
dispute raised by the
workman by holding that the charge of unauthorised
absenteeism proved. It is aggrieved by the said
award dated 7.07.2011 that ... which a medical certificate
had been produced.
9.3. The charge of absenteeism being only for l77
days, the imposition of extreme punishment of
termination
Manual would provide is for drawing up of a separate list of
Absentee, Shifted and Dead - ASD list. It is the emphatic
submission ... learned senior counsel representing the
petitioners that this absentee, shifted and dead list was in fact
implemented in a by-election in the State
petitioner by the
management is that he was a habitual absentee.
Period of absence from 13.09.2011 to 17.09.2011,
the leave is not approved ... found guilty of any misconduct including
performance below the expectation and
habitual absenteeism.
iv. The petitioner was in the habit of remaining
absent
Taluk Chincholi.
3. The Enquiry Officer held that the charges
regarding unauthorised absenteeism was proved and
accordingly, he submitted a report to the Disciplinary
Authority ... case of L&T Komatsu
Ltd. , (supra), the period of unauthorised absenteeism
11
was 105 days and in the case of Jit Singh (supra
absent and if the Magistrate is
satisfied that the presence of those absentee accused
cannot be secured within a reasonable time, he would be
empowered ... part deals with
the procedure to be followed in respect of the absentee
accused.
8. In the case on hand, the learned Magistrate
during
placing even minimum
evidentiary material. It was not a case involving short
absenteeism for a week or two but a very long period of
absence ... duty of the
employer/competent authority to prove that the
absenteeism was not justified, is legally wrong to say the
least, once absence is admitted
respondent-workman was for
several other reasons other than the absenteeism, the
workman remained absent from 10.09.2009 to 25.09.2009
by obtaining oral permission for leave ... thereof" and
"absence without leave on any day or habitual
absenteeism without leave
appeared and filed
its counter contending that the workman is a habitual
absentee and earlier on many occasions remained absent
unauthorizedly, inspite of giving sufficient ... depends
upon the facts of each case. In the instant case, the
absenteeism by the workman was without obtaining leave
