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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSIMRAN SINGH SETHI
Punjab & Sind Bank – Appellant
Versus
Presiding officer, Central Govt. Industrial Tribunal-Cum-Labour Court, Chandigarh – Respondent
| Table of Content |
|---|
| 1. challenge to the labour court's ruling regarding reinstatement. (Para 1 , 4 , 5 , 6) |
| 2. arguments regarding neglect of duty and absence. (Para 8 , 10 , 11) |
| 3. establishment of abandonment as the basis for termination without inquiry. (Para 16 , 19) |
| 4. final ruling against labour court's award. (Para 21 , 22) |
JUDGMENT :
Harsimran Singh Sethi, J. (Oral)
1. In the present petitions, challenge is to the same impugned award dated 03.02.1999 (Annexure P/6) passed by the Presiding Officer, Central Govt. Industrial Tribunal-cum-Labour Court, Chandigarh by which, workman has been ordered to be reinstated in service with continuity but without back wages.
2. CWP-8387-1999, has been filed by the petitioner-bank challenging the reinstatement in service of the respondent No.2-workman whereas, CWP-11349-1999 has been filed by the workman on the ground that the benefit of back wages has been denied to him by the Tribunal while passing the impugned award dated 03.02.1999 (Annexure P/6).
3. Certain facts needs to be mentioned for the correct appreciation of the issue in hand.
4. It may be noticed that the workman, who was working as a Clerk-cum-Cashier went abroad on ex-India leave in May
Absence from duty for an extended period can amount to voluntary abandonment of service, negating the need for disciplinary actions prior to termination.
Point of Law : Upholding the validity of the action of the Bank in applying the clause 16 of the bipartite statement by noticing the employee and not holding regular departmental enquiry, the positio....
Point of Law : An opportunity to lead evidence to prove misconduct independently of domestic enquiry ought to have been granted.
Absence due to illness does not equate to voluntary abandonment of service; a formal inquiry is required before termination based on absenteeism.
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.
The termination of an employee without considering their representations and without proving misconduct is illegal.
The duty of the employer to re-engage the workman and the requirement of substantial evidence to prove abandonment.
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