BROOKEBOND LIPTON INDIA LIMITED Vs. FIRST INDUSTRIAL TRIBUNAL
HIGH COURT OF CALCUTTA
BROOKEBOND LIPTON INDIA LIMITED
FIRST INDUSTRIAL TRIBUNAL
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(1.)By this writ application, the writ petitioner, an employer, has challenged
an award dated June 6,1994 passed by the Presiding Officer, First Industrial
Tribunal, in Case No. VIII-318 of 1986.
(2.)The private respondent was a driver of the petitioner/Company. On June
21, 1976, the petitioner formulated the following charges against the private
respondent and issued show cause:
1) That on 11.6.1976 about 3.15 p.m. you presented an application for
casual leave for a period of five days to the Administrative Adviser
with effect from 14.6.76, when you were told that your application
could not be considered as too many drivers were already away on
leave, and your request would be renewed on 22.6.76. On hearing
this, you behaved in a most indisciplined and insolent manner and
shouted back at the Administrative Adviser: "Saif Khan is going today.
He does not wait for Brooke Bond's permission". So anything you left
2) That at about 2.45 p.m. on the same day i.e. 11.6.76, Dr. R. Dutta,
the Transport-in-charge, called you in the presence of other witnesses
and advised you that your leave had not been sanctioned and therefore,
you should continue to work as assigned and your request for leave
would be reconsidered after 22.6.76. You were asked to acknowledge
this order by your signature which you refused to do.
3) That in defiance to the above instructions you have been staying away
from work since Monday the 14th June, 1976, without any valid
permission or notice. We draw your attention to Clause 13 of your
letter of Appointment dated 5.2.56 which reads as:
"Absence from duty for seven consecutive days without valid permission
or proper notice entails dismissal from service."
(3.)The private respondent answered those charges and ultimately in the
disciplinary proceeding he was found guilty of all the three charges framed by
the petitioner and was dismissed from service on July 30, 1976.
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