P VENKATESAN Vs. MANAGEMENT SAMCO METALS AND ALLOYS LIMITED

JUDGEMENT

(1.) The Writ Petition is filed by the workman challenging an award passed by the 2nd respondent Labor Court inI.D.No.277 of 2010 dated 19.5.2007. By the impugned award, the Labor Court awarded a sum of Rs. 20,000/- ascompensation in lieu of his reinstatement and declined to grant any other relief. The Writ Petition was admitted by this Court on 20.10.2007. Since the petitioner has not filed all the documents available before the Labor Court, this Court summoned the original records from the Labor Court. Accordingly, the Registry has summoned the records and circulated for perusal by this Court. On notice from this Court, the 1st respondent entered appearance through counsel and also filed a typed set containing the documents to show that the management has been never unfair with the petitioner.

(2.) It is seen from the records that the petitioner joined the 1st respondent management on 27.4.1994. The petitioner was suffering due to chronic illness and for sometimes he had unauthorized absented from duty. Subsequently with effect from 15.6.1998 he did not report for duty despite the management sent reminding letters on 26.6.1998.

(3.) Therefore, the charge memo was issued on 17.11.1998. Since no worthwhile explanation was forthcoming, an enquiry was ordered to be conducted by the management. The petitioner instead of attending the enquiry, wrote to the management that he was not in apposition to travel to the enquiry at the Headquarters, since he did not have finance. Therefore, the management sent Rs. 25/- towards traveling expenses for attending the enquiry. Even though the petitioner was receipt of the money, instead of attending the enquiry, he wrote that further amount of Rs. 500/- may be paid to him towards his meeting other expenditure by a letter dated 18.6.1999. The enquiry was adjourned on several dates, namely 10.7.1999,10.8.1999, 28.8.1999, and 18.9.1999. Thereafter as the petitioner did not turn for for the enquiry, exporter minute was recorded and the enquiry officer gave his report dated 6.10.1999.