order of termination the petitioner stated that it was due to unauthorised absence, but yet as per the the Standing Orders no enquiry was held ... that it was a case of dismissal for the misconduct of unauthorised absence, the Labour Court could not have held that it was a case
absence. Unfortunately, the fifth respondent by an order, dated 26.11.2008 had imposed a major penalty of compulsory retirement treating his absence from 29.5.2008 as unauthorised ... failed to report for duty. Therefore, because of his unauthorised absence and not joining duty, he was imposed with penalty of compulsory retirement. The petitioner
that his absence from 04.02.2003 till 24.01.2004 cannot be construed as unauthorised absence and it overlooks the proceedings before the criminal court in Sessions Case ... wherein it was held that upon being charged of misconduct for unauthorised absence from duty for six months, the Government Servant admitted his guilt, explained
several advice for improving his attendance and also was warned of unauthorised absence. At one time, his wages was also deducted for his unauthorised absence ... claim statement, the workman did not mention anything about his unauthorised absence, but merely stated that after his dismissal on 09.08.1995 (sic. the actual date
given to the petitioner was confined only with regard to the unauthorised absence for the period from 01.3.1992 to 30.3.1995 and the period thereafter ... leave letter and the same cannot be taken as an unauthorised absence. Thereafter, the Tribunal held that though the period from
petitions were employed as Conductors and on account of their alleged unauthorised absence, they were dismissed from service. Before they were dismissed from service, show ... there was no infirmity with the enquiry and the charge of unauthorised absence was also proved, but however, the past record was not referred
argued that the Courts have taken a view that even an unauthorised absence is also a serious misconduct and no sympathy can be shown ... supra shows that in that case the workman had committed unauthorised absence for a prolonged period, namely, 1987 to 1995 and that he had merely
respondents to initiate departmental action. The allegation about their unauthorised absence from duty is not the subject matter of the criminal case. Therefore, it cannot
days, failing which further action will be initiated for his unauthorised absence. Inspite of replying to the said letter, the petitioner's wife sent
respondent workman filed a counter statement disputing that his absence was unauthorised and he submitted that on 6.11.2002 he sent a letter through courier ... wrong on the part of the Corporation to state that his absence was unauthorised.
6. Even while the Approval Petition was pending, curiously the workman
