relevant paragraphs of the judgment are reproduced herein:
"11. Unauthorised absence (or overstaying leave), is an act
of indiscipline. Whenever there is an unauthorised ... open to the employer. The
first is to condone the unauthorised absence by accepting the
explanation and sanctioning leave for the period of the
unauthorised
sanctioned to him. Hence,
it is evident that he was on unauthorised absence from duty for the
period from ... such absence can not be held
to be wilful.
18. Absence from duty without any application or
prior permission may amount to unauthorised
absence
wife
were unwell during the period of his unauthorised absence. Copy
of the duly signed final statement was handed over to the
Petitioner ... proceedings
emanate from the 2nd Chargesheet dated 30.05.1994. The periods
of unauthorised absence in both the Chargesheets were different.
Hence, it cannot be said that
relating to posts for the specific
purpose of promotion of Hindi.
5) Unauthorised Leave:
Shri Arora has gone on leave recently (7th to 9th January ... January 2004 in his note dated 16.1.2004.
6) Unauthorised Absence:
Shri Arora joined back from leave (13th to 15th January 2004) on
medical ground
Respondent No.2
concealed material facts from them and remained in unauthorised
absence. It is well settled principle of law that once the employer
lost
respondent No.1 on July 02, 2020, to explain the unauthorised absence
of 3.5 months along with supporting documents. Consequently, on
July ... advised to submit supporting
documents to support his reasoning for the absence, travel proof,
permission to leave the Base Station, and any other documents
during the service you
have been issued memos on account of unauthorised absence from
Signature Not Verified LPA 684/2018 Page 8 of 22
Digitally
well as the Workman's admission, had also established the
unauthorised absence of the Workman, the Labour Court could not have
held the termination
service and never intimated any one about the reason for
his unauthorised absence. After 3 years, the Respondent/Workman
initiated conciliation proceedings. The Petitioner/Management
ought not to
be treated as an unauthorised absence.
5.1. The said notice, thus, proposed action against the petitioner for
violating provisions of Rule ... events,
the only charge levelled against the petitioner concerned his unauthorised
absence from duty since 11.02.2016.
7.2. Resultantly, on 28.03.2018, the petitioner filed a second
