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VIKRAM NATH, SANDEEP MEHTA
Rifilis Engineering Pvt. Ltd. – Appellant
Versus
Arjun Gupta – Respondent
ORDER
1. Leave granted.
2. The present appeal arises out of the impugned judgment and order dated 13th March 2024 passed by the High Court of Judicature at Allahabad in Writ-C No. 8077/2024, whereby the appellant’s writ petition has been dismissed.
3. The facts giving rise to the present appeal are as follows:
3.2. Respondent no. 2 was employed with the appellant-company on the post of ‘Molder’ with effect from 1st August 2006.
3.3. On 14th May 2012, the respondent-employee absented himself from duty without any intimation to any official of the appellant-company.
3.4. The appellant-company issued a registered letter/notice dated 18th May 2012 to the respondent-employee, at the last known permanent address furnished by him, calling upon him to explain his unauthorised absence failing which strict action would be taken. This notice remained un-replied to.
3.5. The respondent-employee claims to have returned to the appellant’s office on 8th June 2012 and attempted to join duty but alleges that he was not permitted to do so and was illegally removed from service with effect from that date.
3.
The judgment emphasized the discretionary jurisdiction of the Labour Court under Section 11-A of the Industrial Disputes Act and the limited scope of interference by the High Court under Article 226 ....
The court emphasized the principles of natural justice in employment disputes, necessitating disciplinary procedures for termination or absence claims.
Unauthorized absence must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
An employee's failure to participate in disciplinary proceedings and present a defense undermines any subsequent claims of justification for absence, leading to the affirmation of dismissal.
Unauthorized absence due to illness can be justified under compelling circumstances, affecting the severity of disciplinary action imposed.
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