THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Dated this the 10th day of December 2009. Writ Petition No. 24383 of 2002. Between: The General Manager, Singareni Collieries Co. Ltd., Ramagundam, Godavarikhani. ……..Petitioner vs. Penugonda Narsingam and another. ………Respondents. THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No. 24383 of 2002. ORAL ORDER This writ petition has been instituted by the General Manager of the Singareni Collieries Company Limited, Ramagundam, Area-II, Godavarikhani questioning the correctness and the validity of the Award passed by the Central Government Industrial Tribunal-cum-Labour Court at Hyderabad in I.D.No. 128 of 2002, raised by the 1st respondent/workman. The 1st respondent/workman was initially appointed as a Badli Coal Filler in the year 1991 and he was subsequently promoted as a Coal Filler on 11.9.1995. He was in fact appointed by the Singareni Collieries Company on compassionate grounds due to the untimely death of his father who was serving the Singareni Collieries Company as a Trammer. However, noticing that his attendance to duties was gradually falling down during the year 1997 and also in 1998, the Singareni Collieries Company initiated disciplinary proceedings against him. His muster for the entire year 1997 was only 138 days and it was 29 days during the year 1998. However, taking a lenient view, he was allowed to resume duty in the year 1998. The respondent/workman instead of trying to improve his conduct, he continued to absent from duty and consequently, he was dismissed from service with effect from 11.4.1999. The validity of these orders dismissing the 1st respondent/workman from service was the subject matter of challenge before the Central Government Industrial Tribunal in I.D.No. 128 of 2002. By its Award dt. 31.7.2002, the Industrial Tribunal held that the Singareni Collieries Company is not justified in dismissing the workman and consequently directed the workman to be reinstated at the minimum of the scale of pay of the post of Coal Filler. The past service rendered by him from 1.7.1991 was ordered to be taken into account for the purpose of computing his terminal benefits. The learned Standing Counsel for the Singareni Collieries Company, Ms. Uma has drawn my attention to an Award passed by the permanent Lok Adalath, in similar circumstances, under Section 21 of the Legal Services Authorities Act 1987 in I.D.No. 18 of 2004. That was a case relating to one Sri.P.Venkat Reddy. The permanent Lok Adalath has observed that while absenteeism from work by the workman is likely to cause dislocation of work but at the same time compassion has to be shown to ascertain as to whether there are any genuine reasons for the absence of the workman from duty or not. Therefore, the permanent Lok Adalath suggested to the Singareni Collieries Company to re-engage the said Venkat Reddy as a Badli Coal Filler. A detailed order, after both sides have agreed for the terms, has been passed on 17.10.2006. Therefore, it is brought to my notice that the Singareni Collieries Company has been extending necessary compassion towards its workmen and it was only ensuring that appropriate discipline must be maintained at the work place by the workmen and unauthorised absence also deserves to be dealt with firmly. While one can appreciate the concern of an employer like the Singareni Collieries Company, where coal mining activities undertaken requiring certain targets of production to be met with, for the purpose of ensuring that various obligations for supply of coal by the Singareni Collieries Company are easily met with without any difficulty, but at the same time, the very nature of work in mine is likely to cause certain difficulties for some of the employees and therefore their absenteeism has got to be viewed with necessary compassion and sympathy wherever there are valid or justifiable reasons for the absence from duty of such workmen, appropriate punishment other than dismissal or removal at the very first instance itself, should be adopted. Imposition of punishment must necessarily also have deterrent effect on the erring employees. At the same time, the employees must be granted at least one opportunity to rectify his own conduct and prove his worth and usefulness to the organization. Since the Singareni Collieries Company has already shown a compassionate view in such similar matters, as is now reflected from the various Awards passed by the permanent Lok Adalath, I consider it appropriate to dispose of this writ petition in the following manner: The Singareni Collieries Company shall re-employ the 1st respondent/workman as a Coal Filler within 30 days from the date of receipt of a copy of this order. The 1st respondent/workman will be fitted at the minimum of the pay scale attached to the post of coal fillers in the Singareni Collieries Company. The service rendered by him between 1.7.1991 till the date of his dismissal will not enure for any other benefits except for computing his terminal benefits. The workman is not entitled for any other benefit for the period between the date of the Award and the order of re- employment, which the Singareni Collieries Company is likely to issue pursuant to this order. It is submitted by the learned Standing Counsel for the Singareni Collieries Company that pursuant to the Award passed by the Industrial Tribunal, the Singareni Collieries Company has opted to pay the 1st respondent/workman last drawn wages only during his post award period instead of reinstating him. The wages so paid shall not either be recovered or adjusted in any manner towards the benefits, which the 1st respondent/workman would be entitled to receive. The order of re-employment of the 1st respondent/workman shall be sent by registered post to the latest address, which the 1st respondent/workman will furnish to the General Manager, Singareni Collieries Company Limited, Ramagundam Area-II, Godavarikhani, within thirty days. With the above directions, the writ petition is disposed of. No order as to costs. ________________________________ NOOTY RAMAMOHANA RAO,J 10.12.2009. Note: Issue cc in one week to SC for the Singareni Collieries Company. B/o. Krb. THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No. 24283 of 2002. Dated this the 10th day of December 2009.