Dismissal not justified on account of absence which was not deliberate but due to illness. - The Industrial Disputes Act, 1947
Workman applied for leave to arrange marriage of his daughter. As directed by management, before proceeding on leave he attended Court- He fell ill due to jaundice and arthritis. After the marriage was over he requested for leave time and again by sending leave applications as well as medical certificates. His past record was unblemished. He did not appear before the Enquiry Officer to explain the reason of his absence from duty. On the basis of enquiry report, he was dismissed enquiry report, he was dismissed from his services. Industrial Tribunal set aside the order of dismissal awarding all retiremental benefits with continuity of service without reinstatement since he had attained age of superannuation. Writ petition filed by the Management is dismissed holding that act of absence was not deliberate. Presumption has to be drawn that Medical certificate issued by the Government Hospital are genuine since no effort has been made by the petitioner to show that the same were bogus.
-Karnataka State Road Transport Corporation, Bangalore vs. B. T. Krishnamurthy. 2017 Lab IC 1716 (Kar. HC.)
The Industrial Disputes Act, 1947
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