Unsplashed background img 1
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

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