Dismissal for unauthorized absence on medical grounds would not be justified. - The Industrial Disputes Act, 1947
Punishment of dismissal from service on account of unauthorized absence but supported by medical certificates is not justified. Back-wages of 75% of the last drawn wages from the date of termination to the date of superannuation for a total period of about four years is justified. Punishment of dismissal from service on account of unauthorized absence supported by medical certificates, is disproportionate to the gravity of misconduct. For unauthorized absence of three months on medical ground the punishment of reduction of pay by two increments with cumulative effect is appropriate.
-North-East Karnataka Road Transport Corporation vs. Sayed Abdul Raheem. 2019 (Kar. H.C.)
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