Justice A D Maria Clete, in her recent order, noted that the Supreme Court in the LIC Vs R Dhandapani case

The Madras High Court has dismissed a petition filed by a Tamil Nadu State Transport Corporation (TNSTC) staff member, who was dismissed from service for unauthorised absence due to inimical astrological predictions about a “likely accident” during the course of “Gurupeyarchi ” – realignment of zodiac signs.

The court also upheld the order of the Labour Court that endorsed the decision of the TNSTC to sack the staff member.

The petitioner, A Senthamaraikannan of Athur in Salem district, was appointed as conductor with the TNSTC, Salem division, in 1993. He went absent without leave for certain period in 2013-14. After completing due procedures, the management dismissed him from service for unauthorised absence, on March 27, 2015.

The matter went to the Labour Court after a conciliation process could not arrive at a settlement.

Initially, Senthamaraikannan had informed the authorities that he was down with jaundice and so could not report for duty. However, the Labour Court found a document – submitted to the authorities on July 3, 2014 – explaining that “with effect from February 16, 2014, his horoscope predicted the likelihood of an accident and that he would resume duty only after the Gurupeyarchi”.

In 2019, the Labour Court, relying upon this document, concluded that his absence was “wholly unauthorised” and he was “not entitled to any relief”.

He approached the high court with a plea to quash the Labour Court’s order and issue direction to TNSTC to reinstate him in the service.

Justice A D Maria Clete, in her recent order, noted that the Supreme Court in the LIC Vs R Dhandapani case had categorically held that in cases of unauthorised absence, the Labour Court ought not invoke its powers under Section 11A of the Industrial Disputes Act to interfere with the punishment imposed by the employer.

The judge also held the explanation of the petitioner that he was absent due to the astrological predictions based on his horoscope as “wholly unacceptable”. “In view of the settled position of law, the writ petition stands dismissed,” she said in the order.