December, 2004, where after, by intimation dated 12th January, 2005 sent by post, was directed to join immediately but, neither he reported on duty nor responded, as a result of which, on 27th January, 2005, a charge sheet was issued for his unauthorized absence dated 19th December, 2004 calling upon him to show cause within 48 hours to which reply was submitted stating the cause of default to be on account of illness. However, the Petitioner not being satisfied with the explanation offered by O.P.No.2 initiated an enquiry, which was informed to him and at the same time, he was placed under suspension. The enquiry proceeded exparte and finally, a report was submitted with a finding that the charge against O.P.No.2 was established. On receipt of such a report, the Petitioner called for a show cause from O.P.No.2 which was again not responded and consequently, he was dismissed from service. Thereafter, the dispute was raised before the District Labour Officer (DLO) but after conciliation having failed, the Government referred it to the Labour Court for adjudication. In the proceeding before the Labour Court, the Petitioner pleaded that due to unauthorized absence from duty, after a disciplinary proceeding, O.P.No.2 was dismissed from service. However, the Labour Court directed reinstatement of O.P.No.2 on the ground that the enquiry was not properly conducted.
