- (1.) Award of the labour Court dated 26.7.2004 published on 17.2.2005 passed by the respondent No. 2 in Adjudication Case No. 100 of 2002 has been questioned by the petitioner in this writ petition whereby the termination order passed against the respondent No.1 has been set aside with a direction for reinstatement as well as payment of back wages. A charge-sheet was served on the petitioner for having disobeyed the command of the superior officers to report for duty on 6.2.1997. An explanation of the employee that he had to attend the Court Case for which he sought proper permission from the higher officer was not accepted by the respondents. The enquiry was initiated against the respondent No. 1 which concluded in the order of removal from service. The order was questioned in the labour Court after reference to the same was made by the State Government. Labour Court in its order after hearing the parties found that the enquiry in accordance with the Rules was not conducted. It has further been observed that the punishment was grossly disproportionate to the charges levelled against the petitioner.
(2.) Heard learned counsel for the parties and perused the material on record.
(3.) Case set out by the petitioner is that an enquiry was conducted against the respondent No. 1 and the witnesses were examined in support of the allegations levelled. It was found that the respondent No. 1 absented himself from the duty on 6.2.1997 on the pretext that he had to attend a case on 6.2.1997. Despite direction by the superior officers he refused to attend his duty on the said date. All the safeguards as provided in the Rules have been complied with by giving adequate opportunity to the respondent No. 1 in this behalf. It is stated that the show-cause notice was issued to the respondent No. 1 who replied the same. The said explanation was not found to be satisfactory and consequently he was removed from service.;