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MILIND N. JADHAV
Dhananjay S. Kamodkar – Appellant
Versus
Motor Industries Company Ltd. – Respondent
JUDGMENT/ORDER
1. Heard Mr. Sankpal and Ms. Chavan, learned Advocates for Petitioner and Mr. Bapat, learned Senior Advocate for Respondent.
2. This Writ Petition is filed under the provisions of Articles 226 and 227 of the Constitution of India challenging the order dtd. 1/9/2015 passed under Exhibits "U-30" and "U-31" and Awards dtd. 23/11/2017 and 28/11/2018 passed in Reference (IDA) No. 44 of 2002 by the Labour Court, Nashik thereby upholding the termination of the Petitioner by the Respondent.
3. By consent of the learned Advocates appearing for the respective parties, Writ Petition is heard finally at the stage of admission.
4. Briefly stated the facts necessary for adjudication of the present case are outlined hereinunder:-
4.1. In the year 1990, Petitioner joined Respondent - Company as an Operator.
4.2. On 9/7/1998, Petitioner was issued first charge-sheet for unauthorised absenteeism of 16 days in the year 1997 - 1998. On 31/5/1999, Petitioner was issued second charge-sheet for unauthorized absenteeism of 40 days in the year 1998. On 2/9/1999, Petitioner was issued third charge-sheet for unauthorised absenteeism of 66 days in the year 1999. On 9/5/2000, Petitioner was issued
The court established that an employee's admission of misconduct during an enquiry, coupled with a history of repeated violations, justifies termination, provided that the enquiry adheres to principl....
Disciplinary actions by employers must comply with fair enquiry standards; failure to allow cross-examination does not nullify properly conducted proceedings.
Dismissal for unauthorized absenteeism upheld as justified despite claims of procedural unfairness due to failure of the petitioner to engage with the enquiry process.
The termination of an employee for chronic absenteeism and unauthorized absence can be justified if the enquiry proceedings are legal and proper, and the employee's denial of back wages is not sympat....
The court established that a fair domestic enquiry and proportional punishment for habitual unauthorized absence from duty are essential under the Industrial Disputes Act, 1947, and that the burden o....
The termination of employment must be in accordance with the principles of natural justice, and compensation may be awarded in lieu of reinstatement depending on the circumstances.
Prolonged unauthorized absence over 3 years without intimation or proof is gross misconduct justifying removal; Non-participation after ample opportunities does not violate natural justice; Penalty p....
The limitations of the Writ Court in determining the factual matrix and the scope of power to issue a writ of certiorari.
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