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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANANT RAMANATH HEGDE
Rajendra S/o Late Mani – Appellant
Versus
Divisional Manager, Karnataka Forest Development Corporation – Respondent
ORDER :
1. This petition is filed challenging the award rejecting the reference. In terms of the impugned award dated 07.08.2018, the Labour Court rejected the reference on the premise that the petitioner was unauthorisedly absent from 22.01.2011 to 13.05.2012.
2. Learned counsel appearing for the petitioner taking through the facts of the case would submit that there is no dispute relating to the relationship of employer and employee between the respondent and the petitioner and the petitioner was suffering from peripheral neuritis which prevented the petitioner from attending the duty. The petitioner submitted leave application to the concerned authority through an acquaintance and though the leave application has reached the concerned officer, application is not considered. The petitioner was in Mangalore undergoing treatment for the peripheral neuritis and it appears that a notice was issued to the petitioner asking for his explanation for unauthorised absence and said notice is not served on the petitioner as he was not residing in the place on account of his treatment and it also appears that, a notice is affixed to the conspicuous part of his residence where he was not residin
An employee's unauthorised absence without sufficient evidence of illness can justify dismissal, and the absence of a formal inquiry does not establish grounds for overturning the decision if the fac....
The absence without leave constitutes misconduct justifying disciplinary action, requiring substantiation of claims regarding illness with adequate evidence.
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.
The authority to impose punishment in disciplinary proceedings and the doctrine of proportionality were influential in the court's decision.
The court upheld the termination of a workman for unauthorized absence, ruling that the enquiry was fair and the management adequately proved the misconduct despite the workman's claims of unfair tre....
Unauthorized absence must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
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