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TMI Blog2008 (2) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent sent a leave application from his home-town seeking leave upto September 30, 1988 on medical ground. On expiry of the leave period, however, he did not join duties. A report was submitted by the Depot Manager to the Corporation and a notice was issued to the workman on December 5, 1988 seeking his explanation as to absence from duty. He was also asked to report within ten days. Though the said notice was duly served, the respondent failed to join duty. A charge sheet was, therefore, issued against the respondent wherein three allegations were levelled against him (i) knowingly and intentionally remaining absent without sanction of leave and without sending leave application, (ii) failure to take interest in work and (iii) disobed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holding that the order was not sustainable as it was violative of principles of natural justice as also inconsistent with the provisions of Service Rules of the Corporation. The Court, therefore, granted reinstatement of the plaintiff-employee granting liberty to the Corporation to hold fresh enquiry on the same charges. The Corporation preferred an appeal against the decree passed by the trial court but the appellate court confirmed the decree. The matter came to an end there; the workman was reinstated in service and granted all the benefits to which he was held entitled under the decree. 7. In the light of the observations made and liberty granted by the Court, fresh enquiry was instituted against the respondent. A show cause notice was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent were proved. Though opportunity of hearing had been afforded to the respondent, he did not avail of such opportunity and it could not be said that the enquiry was improper or unfair. So far as documents are concerned, it was submitted that the documents had already been supplied to the respondent and he had admitted the said fact. According to the report of the Enquiry Officer, all the three charges levelled against the respondent were proved. If, in the light of the above report, the respondent was dismissed from service, it could not be said that no such order could have been passed and it was liable to be set aside. The Labour Court was wrong in holding that enquiry was not in consonance with law. It was also wrong to exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, in our opinion, the appeal deserves to be partly allowed. As already observed by us, even at an earlier occasion, when allegations were levelled against the respondent-workman, notice was issued and enquiry was instituted, he did not make himself available and the Enquiry Officer was constrained to proceed with the enquiry ex parte and an order of termination of services was passed. True it is that the respondent-workman approached Civil Court and the suit filed by him came to be allowed and the decree was confirmed in appeal. But it is equally true that liberty was granted to the Corporation to initiate proceedings afresh on the same charges and hence initiation of proceedings could not be said to be illegal or contrary to law. From the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause notice, the respondent failed to appear at the enquiry and the Enquiry Officer had to proceed with the enquiry in absence of the respondent. 14. Apart from that it is also clear from the record that so far as the charge as to unauthorized absence of the respondent is concerned, the same is duly established from the record. The Enquiry Officer, in our opinion, rightly observed that charges (ii) and (iii) were consequential in nature and based on charge (i) and hence all the charges can be said to have been proved against the respondent. In our judgment, the Labour Court was wholly wrong in holding that enquiry was not fair. To us, it is not a case of not extending an opportunity to the employee but not availing of opportunity b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rence. 16. The question then remains with regard to consequential benefits and payment of back wages. Once we hold, and we have already held, that the enquiry could not be said to be contrary to law or in violation of principles of natural justice and fair play, it was the duty of the respondent-workman to cooperate with such enquiry and participate in disciplinary proceedings. The workman failed to do so. In the circumstances, in our opinion, Corporation should not be asked to pay back wags to the workman. Had the respondent remained present at the enquiry proceedings, an appropriate order could have been passed by Enquiry Officer after considering his case and after hearing him. There was thus default and failure on the part of the workm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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