Unsplashed background img 1
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.)

Did you find this content helpful?

Yes No

Call us on 09920-100-462 |Request a quotation

LK Nakashe Consultants Pvt. Ltd is India’s leading compliance & labour law consulting firm. Headquartered in Mumbai, we are ISO 9001 Certified & Crisil Certified, and we serve all 29 states and 7 union territories of India. Our service bouquet includes Registration & Renewal Services, End-to-End Monthly Compliance Services, Audit & Due Diligence Services, Advisory & Consulting Services, Payroll Management Services and Contract Staffing Services. Our client list of 750+ companies includes some of India’s biggest business conglomerates, MNCs, public listed companies & SMEs

First-of-its-kind app that UN-COMPLICATES compliance & labour laws. Download for free on iOS & Android Google play App store