Absence due to injuries during course of employment cannot be deemed as abandonment. - The Industrial Disputes Act, 1947
A plea taken by the workman if not disputed by the Management, the same would be deemed to be proved. Medical certificates, submitted by the workman, cannot be held to be false since workman has not been put to answer the question in his cross-examination that his medical certificates are false or forged. Non-production of attendance register and payment of wages records by the Management, would establish the version of the workman that he was on the roll of the management from or on the alleged date. Termination of services of the workman without notice or notice pay is illegal attracting reinstatement with back-wages. When the plea of workman that he was absent due to his illness has not been rebutted by challenging the genuineness of his medical certificate, the presumption of the management that workman had abandoned the job is not sustainable.
In every case of illegal termination of services of a workman, reinstatement with back-wages is not automatic. Since the workman had received a considerable amount as per order of the Writ Court under Section 17B of the Industrial Disputes Act, 1947 erroneously even after his age of superannuation, compensation of 25% of back-wages in lieu of reinstatement is appropriate.
-Mahanagar Telephone Nigam Limited vs. Shiv Dutt. 2017 (Delhi HC.)
The Industrial Dispute Act, 1947
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