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UNAUTHORIZED ABSENCE :- Dismissal not justified for frequent absenteeism. - The Industrial Disputes Act, 1947

Workman was dismissed from his services by' conducting enquiry wherein he was held guilty of the charges of frequent absenteeism. Labour Court in exercise of its power under Section l l-A of the Act, held the order of dismissal to be grossly disproportionate substituting it with reinstatement without back-wages.

Management challenged the award in writ petition. Writ Court observed that allegation of frequently absenting to 'duty on the ground of suffering from physical ailment and becoming annoyed when asked for the same are not so grave to justify punishment of dismissal. Defalcation of funds or any other grave accusation is not there, hence finding of the Labour Court is not illegal.

-Management of K-1212 Samanayanakkanyanpalayam Primary Agricultural Co-operatiue Bank, rep. by its Special Officer vs. Presiding Officer, Labour Court, Coimbatore & Anr. 2017 II CLR 486 (Mad. H.C.)

The Industrial Disputes Act,1947

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