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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
Kothamangalam Service Co-operative Bank Ltd. – Appellant
Versus
N.G. Benjamin – Respondent
JUDGMENT :
WP(C) No.24620/2018 challenges the judgment passed by the Kerala Co-operative Tribunal, Thiruvananthapuram in Appeal No. 84/2017, while WP(C) No.26004/2018 seeks implementation of the directions in the said judgment.
2. Brief facts necessary for the disposal of the writ petitions are as follows: WP(C) No.24620/2018 is filed by the Bank, a co-operative society registered under the provisions of the Kerala Co-operative Societies Act , 1969, and the second petitioner is its Board of Directors. The first respondent entered the service of the society on 23.4.1983 and during 1994, while working as an Accountant, went abroad on Leave Without Allowance from 1.4.1994 initially for 5 years and thereafter, from 1.4.1999 to 31.3.2004. After the expiry of the leave on 31.3.2004 as aforesaid, he was supposed to join back service on 1.4.2004 and since he did not join after the expiry of leave, a notice was issued, which was returned with the endorsement “Addressee left”. To a further notice issued to the petitioner on 2.4.2005, the first respondent replied that he was not able to appear on medical grounds.
3. The first respondent, contending that he had worked from 1.4.2004 to 27.4.2004 a
Unauthorized absence from duty does not equate to abandonment if the employee is prevented from returning due to compelling circumstances.
Submission of voluntary retirement application does not entitle employee to relief from dismissal due to unauthorized absences without valid justification.
Unauthorized absence must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
The court upheld the Tribunal's decision treating the petitioner's unauthorized absence as 'dies non', emphasizing the principle of 'no work no pay' due to lack of justification for absence.
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