Karnataka High Court Upholds Reinstatement Of KPTCL Workman Who Went On Prolonged Unauthorised Leave Due To Depression

The Karnataka High Court on Monday upheld an order of a Single Judge which directed the Karnataka Power Transmission Corporation Limited (KPTCL) to reinstate an employee who was dismissed from service as he remained unauthorisedly absent for a long period on account of his suffering from mental depression. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit orally remarked, “Nobody will go away from the job these days. You are a state entity and you have to be very fair. The single judge bench order is by giving proper reasoning."The Court was considering an appeal filed by the KPTCL which had challenged the order of the Single Judge which had dismissed the Corporation's petition challenging the order reinstating an employee S Kiran into service. It had said that it was clear and forthcoming from the facts of the present case that the Respondent was not willfully absent from his duty and there was sufficient ground made out for his remaining absence.Kiran had commenced work as a permanent employee with the Petitioner as a Station Attendant (Grade-2) on 30.1.2008. Then he began unauthorizedly absenting himself from work without obtaining prior permission from the year 2010. Since he remained unauthorisedly absent on various occasions, for a total period of 632 days, he came to be dismissed from service, vide order dated 3.1.2014. He challenged the same before the labour court which vide its order dated 21.3.2019, set aside the order and directed him to be reinstated and ordered that he was not entitled to back wages, but was entitled to continuation of service. The corporation had opposed the petition on the grounds that the Respondent was absent on 9 different occasions for a total period of 632 days; that various warnings had been issued to the Respondent and the Respondent on 24.8.2012 had undertaken that he would not absent himself henceforth and in the event he absents himself, he could be removed from service. Despite the said undertaking, since the Respondent continued to remain unauthorisedly absent, he was dismissed from service on 3.1.2014. However, the employee had opposed the plea saying he was suffering from mental depression, as a result of which he was under constant medication, and on various occasions even his family members were unable to trace him. He provided particulars of dates and events regarding his medical condition when he had remained absent. It was contended that his absence was not willful.The defence of the workman was that he is suffering from mental depression and sufficient medical evidence in that respect has been produced and marked before the Labour Court. The Labour Court, upon an appreciation of the entire material on record, had noticed that the reasons for his absence from duty were valid.The Court found as follows; “Having regard to the fact that the Respondent was dismissed from service by the Petitioner although sufficient cause was made out for him not being able to report for duty and all the aspects of the matter were considered by the Labour Court while passing the order dated 21.3.2019, I find no ground to interfere with the order dated passed by the Labour Court.”Thus, the court refused to interfere with the decision of the Single Judge and the appeal was accordingly dismissed. Citation: 2023 LiveLaw (Kar) 414Case Title: Karnataka Power Transmission Corporation Limited AND S Kiran. Case NO: WA 217/2023.Click Here To Read/Download Order

Karnataka High Court Upholds Reinstatement Of KPTCL Workman Who Went On Prolonged Unauthorised Leave Due To Depression

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