1 S.B. Civil writ petition No. 9948/2009 Hari Shanker Sharma vs The MD, RSRTC,Jaipur & Ors. Date of Order : 10.3.2010 HON'BLE MR. PRAKASH TATIA, J. Mr. PD Vaishnav, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner's services were terminated by order dated 20.11.1993 on the ground of remaining absent from duty without leave as well as without informing the employer about his leave. The said order of removal was sent to the Labour Court under Section 33(2)(B) of the Industrial Disputes Act, 1947. Learned counsel for the petitioner submitted that the petitioner since suffered injury and he was sick in the year 1991, therefore, he could not attend the duties and, therefore, even if petitioner is held guilty for remaining absent from duty then the punishment awarded is too harsh. The petitioner's plea was that in the year 1983 his left leg was operated and because of that, some swelling used to come in his left leg and, therefore, he remained absent from duty from 6th May, 1991 to 16th Dec., 2001. On the face of it, it appears to be a false plea as for operation of the year 1983, the petitioner's contention is that he absented from duty in the year 1991 and further he failed to 2 produce any supporting evidence for the plea taken. In view of his continuance absence from duty for such long period if the punishment of termination has been award, then the same cannot be said to be excessive in any manner. In view of the above, the writ petition of the petitioner has no merit and the same is hereby dismissed. [PRAKASH TATIA], J. cpgoyal/-