|
Remaining
absent? You could lose your job: Supreme Court
In
a recent important ruling, the Supreme Court of India ("SC") has
decided that remaining absent for a long time cannot be said to
be a minor misconduct. The apex court upheld the dismissal of
an employee of North Eastern Karnataka R.T. Corporation (a statutory
organization which operates as a transport company running a fleet
of buses), on account of prolonged absenteeism.
The
employee, who worked as a conductor with the company, remained
absent without authorization from November 27, 1990 to December
2, 1993, a period of three years and five days. Upon examination
of his leave records, it was found that he had previously been
repeatedly absent without authorization. Following a departmental
enquiry, the employee was found guilty of misconduct, leading
the enquiry commission to order his dismissal from service.
The
employee raised an industrial dispute against the order of dismissal.
The
Labour Court of Karnataka observed that at an earlier hearing
before it to determine a preliminary issue, the departmental enquiry
had been set aside and the employee had been granted interim relief.
While directing the company to reinstate the employee, the Labour
Court also held that he was entitled to a major percentage of
his back wages from the date of grant of the interim relief till
the date of his reinstatement.
Aggrieved
by the decision of the Labour Court, the company filed a writ
petition in the High Court. The High Court dismissed the writ
petition.
On
appeal, the SC, relying on a slew of cases, took a sterner view.
It observed that remaining absent for a long time could not be
said to be a minor misconduct. The SC also observed that as the
company was a statutory organization providing a public utility
service, the service of the conductor was "imperative".
Acknowledging
that the punishment of removal of the employee was "absolutely
correct and not disproportionate as alleged by the Respondent",
the SC set aside the impugned judgment and order of the High Court
and allowed the appeal by the company.
With
this ruling, the SC has once again established, that it will not
maintain a pro-labour stance at the cost of discipline at the
workplace. In a world of competition where performance is of essence,
this judgment seems to be a step in the right direction.
|
|
|
You
can direct your queries or comments to the authors
|
Source:
Ruling
of the Supreme Court of India in Civil Appeal No. 2637 of 2006
|
