Free Judgments

Gopal vs Hindustan Times Ltd on 30 November, 2015

1. Gopal, the appellant herein was appointed as a Canteen Boy with the
respondent M/s Hindustan Times Limited (in short ‘Hindustan Times’) w.e.f
April 01, 1974, confirmed as Helper and later promoted to the post of
Assistant Offset Machine Man on July 25, 2001. Services of Gopal were
terminated vide order dated July 23, 2004 on the ground that he had been
absenting without leave and thus Gopal raised an industrial dispute on which
a reference was made to the Labour Court. In the claim petition, Gopal
stated that the order of termination was passed without any inquiry in
violation of principles of natural justice and hence the termination was mala
fide and illegal.
2. In reply the case of the Hindustan Times was that show cause notice

LPA 587/2014 Page 1 of 5
was issued to Gopal for his unauthorised absence for which he gave no
satisfactory reply and thus there was no requirement of holding a domestic
inquiry and the termination was justified and legal. The respondent pointed
out that the last drawn wages of Gopal were `10,919.57 and the dues
relating to gratuity and leave encashment had been duly paid. The case of
Hindustan Times further was that in the year 1999 Gopal was on leave for
112 days with 86 days without pay, in the year 2000 leave for 125 days with
98 days without pay, from January 01 to October 2001 he was on leave for
101 days with 80 days leave without pay and from January 2003 to October
2003 he was on leave for 106 days with 88 days leave without pay.

Source: Indian Kanoon