Sacking of staffer for unauthorised absence upheld in Tamil Nadu

The Madras High Court has upheld an order of Tamil Nadu State Transport Corporation (TNSTC), dismissing an employee from service for his frequent unauthorised absence from duty almost every year, citi

CHENNAI:The Madras High Court has upheld an order of Tamil Nadu State Transport Corporation (TNSTC), dismissing an employee from service for his frequent unauthorised absence from duty almost every year, citing that TNSTC is an essential service.

The court said if employees keep taking unauthorised leave, it would be very hard to render an important service for the benefit of the public. Allowing the petition filed by TNSTC, Justice R Suresh Kumar set aside an order of the Labour Court, Salem, which modified an order of TNSTC and directed it to reinstate the employee. “Such unauthorised absence on his part had not been explained and therefore for the said guilt minor punishments had been awarded,” said Justice Kumar.

“In spite of the minor punishments inflicted against him, he had not changed his attitude and therefore, it shows that Ramalingam had the habit of being unauthorisedly absent for months together or weeks together without any valid reason. If such irresponsible employees are employed in an organisation and if everyone would adopt this kind of attitude, then no organisation can smoothly run their day-to-day activities”, the judge added.

The judge said it was clear from the records that Ramalingam reported for  duty as and when he pleased. Further, Justice Kumar said, the employee would not provide any reason for his absence and despite being reprimanded for the same, he would slump back to these lax ways.

The judge said these aspects were not properly considered and appreciated by the Labour court in their order and thus the findings and conclusion given by the labour court were without reason.

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