THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.2537 OF 2002 ORDER: The petitioner is aggrieved by the award dated 03.07.2001 in I.D.No. 132 pf 1999 passed by the Chairman, Industrial Tribunal-cum- Labour Court, Godavarikhani. The petitioner was appointed as Coal Filler with effect from 01.01.1995. He remained absent for more than 300 days in the year 1997 without submitting any application for leave or any sanction. Therefore, a charge sheet was issued to him and domestic enquiry was conducted. The petitioner participated in the enquiry and he was found to have absented for more than 300 days. Accordingly, he was dismissed from service with effect from 16.09.1999. It has been averred that the petitioner remained absent for more than 300 days in the year 1997 on account of his suffering from ulcer and jaundice. He has further submitted that he has applied for sick leave. However, the petitioner led no evidence to show that he has made any application seeking leave for his absence. The Labour Court came to the conclusion that the charge against the petitioner stood proved inasmuch as he has absented from duty for more than 300 days without any leave or any sanction from the higher authorities. Resultantly, the award was passed dismissing the claim petition. I have perused the award passed by the Labour Court and I find that the petitioner has led no evidence to show that he had applied for leave for remaining absent. Even for argument sake, if it is assumed that the petitioner had suffered from jaundice, still the disease is not such that it will prevent him from attending to duty for a long period of more than 300 days. In view of the above, I find no merit in the writ petition and the same is dismissed. There shall be no order as to costs. ASHUTOSH MOHUNTA,J 15.09.2011 lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.2537 OF 2002 Dt. 15.09.2011