Certified Standing Orders of
the writ petitioner-Transport Corporation, unauthorised absence for
longtime is a grave misconduct and consequently, a charge
memorandum was issued ... enquiry. However, the Labour Court finally held that
though the unauthorised absence exceeded six months, cannot be a
ground to impose the punishment of dismissal
Departmental
Enquiry was conducted against the writ petitioner for his unauthorised
absence from joining time and resulted in awarded of punishment of
“stoppage of Annual ... writing, explaining the reasons for absence. Due to his
continuous unauthorised absence from duty, a Court of enquiry was
ordered vide proceedings dated
charges and pleaded guilty with reference to the
allegtion of unauthorised absence. Thus, the Enquiry Officer hold that the
charges against the writ petitioner ... petitioner contended that though
the petitioner admitted the allegations of unauthorised absence, the absence
was not willful and due to certain compelling circumstances. Thus
Transport Corporation and on account of an
allegation of unauthorised absence, a charge memo dated 14.10.2011
was issued to the second respondent-workman. The charge ... 7403 of 2017
that the allegation of unauthorised absence was on certain genuine
reasons and therefore had taken a lenient view and consequently,
rejected
petitioner for not having passed the prescribed examination
and for the unauthorised absence from duty with effect from 1.3.2011
onwards. The writ petitioner states ... resignation pending for years
together. Even in the case of unauthorised absence as alleged against
the writ petitioner, the respondents have not initiated any disciplinary
competent
authorities. Thus, the competent authorities formed an opinion that the
unauthorised absence of the petitioner was willfull and imposed punishment of
dismissal from service ... certain circumstances for a person
to remain unauthorisedly absent. However, such unauthorised absence must be
satisfied by producing all relevant records and narrating the facts
respect of the disruption caused to the production
due to his unauthorised absence. The reason given by the second
respondent-workman was that his wife ... work.
5. Thus, the writ petitioner-Company due to the continued
unauthorised absence of the second respondent-workman and also his
failure to intimate
unauthorisedly absent on two occasions previously. However, that is
for about 3 days and 20 days respectively. In similar cases, where
there was unauthorised absence ... employee was remained
unauthorisedly absent for about 328 days. Under these circumstances,
no leniency can be shown, as the unauthorised absence continued for
about
That apart, the punishment of dismissal from service for
unauthorised absence / desertion is disproportionate to the gravity of the
allegations and therefore, the order ... taken a view that punishment of removal from service for
unauthorised absence is disproportionate to the gravity and the matter is
remitted back to reconsider
duty in a far off place at Nagaland. Therefore, the unauthorised
absence of the writ petitioner cannot be construed as intentional. The
petitioner ... employee was a habitual unauthorised
absentee, then such a lenient view may not be required. Regarding the first
time unauthorised absence and more
