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No mercy for perennially absent employee: HC

india Updated: Oct 01, 2006 10:07 IST

The Delhi High Court has upheld MTNL's decision to sack a woman employee for remaining absent without leave for almost two years, saying workers who are not sincere do not deserve any sympathy.

Upholding the termination of Sushma Rani, a short duty telephone operator with the MTNL at Kidwai Bhawan, Justice SN Dhingra felt there was nothing wrong if the department recruited an unemployed person in place of such a perennially absent employee.

Rani's services were terminated on February 3, 1986 by the MTNL after a departmental inquiry held her guilty of continuously abstaining from duty from July 17, 1984 without any intimation.

Referring to Rani's plea for mercy, Dhingra observed, "Instead of showing sympathy with an absenting employee who failed in her duty to even apply for leave and inform the department from time to to time, if the department showed sympathy to another unemployed person, no fault can be found with the department."

During her absence, Rani reported for work for half-a-day on September 28, 1985 and thereafter remained absent again.

A labour court rejected Rani's plea that she could not report for duty due to circumstances beyond her control and that she had undergone a caesarean operation.

Rani appealed against the labour court's order in the High Court, which concurred with the decision to fire her.