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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Municipal Commissioner, Ahmedabad Municipal Corporation – Appellant
Versus
Dhandhar Nagjibhai Zanzarbhai – Respondent
| Table of Content |
|---|
| 1. final hearing consent granted. (Para 1 , 2) |
| 2. challenge of termination and reinstatement. (Para 3 , 4) |
| 3. hearing of parties' advocates. (Para 5) |
| 4. contentions of petitioner and respondent. (Para 6 , 7) |
| 5. court's observations on labour court's findings. (Para 8) |
| 6. cited precedent on misconduct and absence. (Para 9) |
| 7. court's opinion on disciplinary action. (Para 10) |
| 8. conclusion and order to set aside earlier award. (Para 11 , 12 , 13) |
JUDGMENT :
M. K. THAKKER, J.
1. Upon consent of both parties, the matter was taken up for final hearing.
2. Rule returnable forthwith. Learned advocate Mr.I.G.Joshi waives notice of Rule on behalf of respondent.
3. The present petition is filed under Articles 226 and 227 of the Constitution of India, challenging the award dated 29.11.2024 passed by the learned Labour Court, Ahmedabad in Reference (T) No. 407 of 2013, whereby the learned Labour Court directed the present petitioner to reinstate the respondent with 25% back wages, and further observed that continuity of service shall be counted for the purpose of extending terminal benefits.
4. It is the case of the present petitioner that the respondent was appointed as a Teacher on 01.07
Unauthorized absence constitutes indiscipline justifying termination; previous misconduct and disciplinary records must be considered in disciplinary contexts.
A prolonged pattern of unauthorized absence can lead to an inference of voluntary abandonment of service without requiring a formal termination by the employer.
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 must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
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....
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
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