G.S.SANDHAWALIA, J. - (1.) APPLICATION for placing on record copy of show cause notice dated 21.04.2000 and reply of the workman as Annexures P -14 and P -15 is allowed, subject to all just exceptions. Annexures P -14 and P -15 are taken on record.
(2.) CHALLENGE in the present writ petition is to the Award dated 20.01.2014 (Annexure P -13) whereby, the Labour Court, Gurgaon has held that the workman is entitled to reinstatement with continuity of service from the date of Award but he shall not be entitled to back wages on the ground that dismissal of the workman was on account of absence for few days which was grossly disproportionate, unduly harsh and highly excessive. A perusal of the paper book would go on to show that the workman was working as a Technician since 13.08.1986 and was charged on 01.08.1998 under Charge No. 20.20 alongwith two other charges. The charge was regarding habitual late attendance or absence. The said charge reads thus: - "20.20 Habitual late attendance, and / or absence without leave and / or late attendance on more than four occasions within a month or similar omissions of leaving the premises before time." In reply to the charge sheet, it was also mentioned that the mental state of the workman was not proper due to demise of his cousin brother and due to his serious personal problems and his mental tension was increasing and thus even the production work has been affected. Prayer was made that the charge sheet be withdrawn.
(3.) THE Inquiry Officer, in his report, held that the said charge was proved and also noticed that the charged employee had lost his wife and was suffering from mental tension. The observations of the Inquiry Officer for the charge under 20.51 which was habitual breach of gross and/or deliberate violation of standing order. The observation reads thus: - "A close interpretations of this clause would show that it is meant to cover acts which are of higher magnitude than mere absence without leave for a few days, which is already covered by S.O. 20.20. Prosecution has also not denied that the CE lost his wife and he was suffering from mental tension. In such a circumstance "gross and / or deliberate violation" of Standing Orders will be quite a disproportionate charge. Serious counseling and proper medical help may even now help the employee change his behavior." ;