Absence Without Leave Constitutes Misconduct In Industrial Employment and Justifies Disciplinary Punishment: Karnataka High Court

A single judge bench of the Karnataka High Court comprising of Justice Jyoti Mulimani while deciding a writ petition in the case of Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd. has held that absence without leave constitutes misconduct in industrial employment and justifies disciplinary punishment. Background of Facts Shri G. Ramesh (Employee) was appointed as a messenger in 1985 for The Karnataka State Seeds Corporation Ltd. (Employer) and served in this capacity until he came under disciplinary proceedings. He was dismissed from service for unauthorized absence form duty for a total of 922 days, with specific periods of absence being 541 days between 07.12.1986 and 15.09.1999, and 381 days between 02.09.2000 and 15.05.2003. After his dismissal, the petitioner filed an appeal, which was rejected. He then filed a writ petition before the Court, which was disposed of on 22.05.2012 with the direction to the Employee to raise the dispute before the Labour Court. The Employee subsequently raised a dispute under Section 10(4-A) of the Industrial Disputes Act, 1947 before the Labour Court, Bengaluru. The Labour Court found the domestic inquiry conducted by the Employer to be just and proper. In its award, the Labour Court partially allowed the petition, directing the Employer to pay the Employee gratuity, provident fund, and leave encashment benefits, provided he had any earned leave in his credit. Hence, the Employer filed a writ petition to challenge this order. The Employee contended that his unauthorized absence from duty was due to his suffering from Tuberculosis, although he failed to provide any medical documents or certificates to support his claim. He argued that the disciplinary proceedings and subsequent dismissal were unjust and that his prolonged absence was due to legitimate health reasons. He also argued that the dismissal was harsh and sought relief in the form of reinstatement or at least the payment of gratuity, provident fund, and leave encashment benefits, asserting that these were owed to him despite his dismissal. On the other hand, the Employer contended that the Employee did not submit any leave applications for his prolonged absences. The Employer further contended that even if the Employee had submitted leave applications, they should have been accompanied by medical certificates to validate his health-related claims, which he failed to provide. The Employer also argued that unauthorized absence without proper documentation or prior permission from higher authorities is a serious violation of discipline and industrial employment norms, justifying the disciplinary proceedings and the Employee's subsequent dismissal. Findings of the Court The court observed that unauthorized absence from duty without submitting a leave application or obtaining prior permission constitutes misconduct in industrial employment and justifies disciplinary punishment. It emphasized that employees are obligated not to absent themselves without worthy cause and that leave of absence cannot be claimed as a matter of right. The High Court supported the Labour Court's assessment that the Employee's unauthorized absence for a total of 922 days justified his dismissal. The Labour Court's decision to award gratuity, provident fund, and leave encashment benefits, provided there was earned leave, was deemed just and proper. As such, the court held that Based on the above observations, the court dismissed the writ petition. Case: Shri G. Ramesh. v. The Karnataka State Seeds Corporation Ltd. Case No. W.P. (C). No. 36199/2014Citation: 2024 LiveLaw (Kar) 281 Counsels for the Employee: Sri Karthikeyan, Sri Satyanarayana. P. Hogade Counsel for the Employer: Sri. Subrahmanya, Sri B.C. Prabhakar Click Here To Read/Download Order

Absence Without Leave Constitutes Misconduct In Industrial Employment and Justifies Disciplinary Punishment: Karnataka High Court

Manvir Ahluwalia

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