The Karnataka High Court allowed a writ petition filed under Articles 226 and 227 of the Constitution of India, seeking certain reliefs. The Court observed that no employee can claim leave of absence as a matter of right and remaining absent without leave will constitute a violation of discipline.
Brief Facts:
The respondent is a Driver cum Conductor in the establishment of the Corporation. He remained absent from duty with effect from 10.04.2014. He was issued two call letters dated:13.05.2014 and 18.07.2014. He did not respond to the same. Hence, he was issued with a charge sheet on 18.07.2014 alleging unauthorized absence. He was subjected to domestic inquiry.
During the pendency of the inquiry, the workman sought permission to report to duty on 12.08.2014 and he was permitted to attend the work. The inquiry officer took note of the past conduct of the workman and submitted his findings holding that the charges are proved. On 28.07.2015, the disciplinary authority accepted the findings of the inquiry officer and dismissed the respondent from service.
The respondent raised a dispute before the Labour Court. The Labour Court vide award dated 29.12.2017 set aside the order of dismissal and directed reinstatement of the respondent into his original post with 30% back wages, continuity of service, and consequential benefits. It is this award that is called into question in this Writ Petition.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that no leave application was submitted, even if it is submitted, that should be accompanied by Medical Certificate if the leave is sought on the health grounds.
The Court observed that an employee is under an obligation not to absent himself from work without good cause during the time at which he is required to be at work. Absence without leave is misconduct in industrial employment warranting disciplinary punishment. No employee can claim leave of absence as a matter of right and remaining absent without leave will constitute a violation of discipline. The absence without leave constitutes a misconduct justified disciplinary action against the delinquent workman.
The Court said that even if the respondent was absent unauthorizedly on medical grounds, nothing prevented him from submitting a leave application on medical grounds. The issue relates to the non-submission of the leave application by the respondent. Therefore, the inquiry officer is justified in submitting his findings holding that the charges are proved.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the award of the Labour Court is liable to be set aside.
Case Title: The Management of KSRTC v Sri. Sikandar Butkurki
Coram: Hon’ble Justice Jyoti Mulimani
Case no.: WRIT PETITION NO.26844 OF 2018 (L-KSRTC)
Advocate for the Petitioner: Ms. H. R. Renuka
Advocate for the Respondents: Mr. Anand
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