HC upholds TNSTC order dismissing employee from service

The Madras High Court has upheld an order of the Tamil Nadu State Transport Corporation, dismissing an employee from service for his frequent unauthorised absence from duty.
Allowing a petition filed by the corporation, Justice R Suresh Kumar recently set aside an order of the labour court, Salem, which modified the TNSTC order and directed it to reinstate him.
The judge pointed out that it was an essential service and if the corporation's employees were in the habit of being unauthorisedly absent, it was very difficult to render it for the benefit of the public.
Ramalingam was an employee of the TNSTC. As he was unauthorisedly absent starting May 28, 1998 for several days, a charge memo was issued and after examining his explanation, an inquiry was conducted and he was dismissed.

He moved the Labour Court which found the punishment disproportionate and directed the corporation to reinstate him in continuation of service with all other benefits but without back wages.
The TNSTC challenged this in the high court.

After perusing the records, the judge said it showed that Ramalingam almost every year was unauthorisedly absent for some days or months.
Such unauthorised absence on his part was not explained and therefore, minor punishments were awarded, the judge said.
In spite of this, the employee had not changed his attitude and hence it showed that Ramalingam had the habit of being unauthorisedly absent for months or weeks together without a valid reason, Justice Suresh Kumar said.

If such irresponsible people were employed in an organisation and if everyone adopted this kind of attitude, then no organisation could run their day-to-day activities smoothly, the judge said.
These aspects were not properly considered and appreciated by the labour court and the court felt that the findings and conclusions given by it were without reason, the judge added.