THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 11893 of 2004 Dated: 12.09.2011 Between: The Depot Manager, APSRTC ..... PETITIONER AND The Industrial Tribunal-cum-Labour Court, Anantapur and another .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 11893 OF 2004 ORDER: The management has impugned the award dated 31.01.2004 passed by the Chairman-cum-Presiding Officer, Industrial Tribunal-cum- Labour Court, Anantapur vide which the claim petition filed by the workman was allowed and he was directed to be reinstated into service with continuity of service, full backwages and all other attendant benefits. The brief facts of the case are that: The workman was working as driver in APSRTC, in Nandikotkur Depot. The Senior Traffic Inspector, Nandikotkur Depot submitted a report to the respondent stating that the workman was unauthorisedly absent from his duties from 07.03.1999 to till 13.03.1999 without any intimation or prior sanction and as a result of his absence, the Traffic Supervisors faced a lot of difficulty in arranging substitute in the place of the workman. A charge sheet was issued by the management to which the workman submitted his explanation stating that he was suffering from ill-health and also submitted a sick certificate. It was further stated that his absence was unintentional. Being not satisfied with the explanation submitted by the workman, an enquiry was ordered and the enquiry officer after examining M.Md.Ghouse, TI-III, a report was submitted holding that the claimant was guilty of the charge. A show-cause notice was issued to the workman as to why he should not be removed from service and thereafter, on 02.02.2002, orders for removal of the claimant were passed. It was averred by the workman that he was suffering from ill- health and that he was absent only for a period of seven days i.e., from 07.03.1999 to 13.03.1999 and he also submitted a medical certificate. Before the labour Court, the learned counsel for the management argued that the claimant was not only absent from his duties from 07.03.1999 to 13.03.1999 but also subsequently absent from 25.07.2000 to 01.08.2000 and again 26.01.2002 to 01.02.2002 and hence, the punishment awarded was fully justified. The trial Court after considering the entire evidence held that as the workman had submitted his medical certificate and the same has not been found to be fake, it cannot be said that the certificate produced by the claimant was not genuine or the origin given by the workman that his sick was not true. It was further held that the respondent without issuing a charge sheet and without seeking the explanation of the claimant with regard to his absence from duty from 25.07.2000 to 01.08.2000 or from 26.01.2002 to 01.02.2002 and without holding a regular enquiry with regard to the absence for the aforementioned period, the order of removal from service could not be sustained. The labour Court also held that the claimant had submitted his sick certificate for the aforementioned period also. None appears for the petitioner. I have perused the award passed by the labour Court and find that the respondent without issuing a charge sheet and without seeking the explanation of the claimant and holding a regular enquiry could not simply say that the claimant was unauthorisedly absent from duty from 25.07.2000 to 01.08.2000 or from 26.01.2002 to 01.02.2002. Apart from the above, the claimant had duly submitted his certificate from the medical officer. Thus, it cannot be said that the workman was not suffering from ill-health or had put up a false claim with regard to his absence. The labour Court rightly allowed the claim petition filed by the workman and the management was directed to reinstate the claimant/workman into service with continuity of service, full backwages and all other attendant benefits. Therefore, I do not find any infirmity in the impugned order passed by the labour Court and accordingly, the Writ Petition is dismissed. There shall be no order as to costs. _____________________ ASHUTOSH MOHUNTA, J Date: 12.09.2011 Ivd