Based on the legal documents provided, the key points regarding the conditions under which an absent period can be considered as dies non are as follows:

Conditions for Considering Absent Period as Dies Non - The absent period can be considered as dies non (non-working days) if the employee has been wilfully or unauthorized absent from duty for a prolonged period, typically exceeding one month. [State Of Rajasthan VS Mohammed Ayub Naz - Supreme Court], [Delhi Transport Corporation VS Sardar Singh - Supreme Court], [Union of India VS Pradeep Sharma - Supreme Court] - The burden is on the employee to establish that the absence was not due to negligence or lack of interest. Mere submission of medical certificates may not be sufficient if the overall period of absence is unjustified. [Delhi Transport Corporation VS Sardar Singh - Supreme Court], [Union of India VS Pradeep Sharma - Supreme Court] - If the employee''''s unauthorized absence is found to be habitual or exceeding a reasonable period, the employer may treat it as misconduct and impose appropriate punishment, including removal from service. [State Of Rajasthan VS Mohammed Ayub Naz - Supreme Court], [Delhi Transport Corporation VS Sardar Singh - Supreme Court] - However, the courts have held that the period of unauthorized absence should not automatically be treated as a break in service, and the employee''''s continuity of service should be maintained, even if the absent period is considered as dies non. [UNION OF INDIA VS VIJAY PAL SINGH - Supreme Court], [T. K. Rangarajan VS Govt. of Tamil Nadu - Supreme Court]

Exceptions and Limitations - The principle of dies non is more commonly applied in the context of government/public sector employment, where unauthorized absence is viewed as a serious breach of discipline. [State Of Rajasthan VS Mohammed Ayub Naz - Supreme Court], [Union of India VS Pradeep Sharma - Supreme Court] - In the private sector or for contractual employees, the courts may be more inclined to consider the totality of the circumstances and the nature of the employment before applying the dies non principle. [Tulsi Das Khimji VS Workmen - Supreme Court] - The courts have also cautioned against the disproportionate application of the dies non principle, especially in cases where the employee has a long, unblemished service record. [Ramlal VS Rewa Coal Fields LTD. - Supreme Court]

Summary and Recommendations In summary, the legal documents indicate that an absent period can be considered as dies non if the employee has been wilfully or unauthorized absent from duty for a prolonged period, typically exceeding one month, and the employer can establish that the absence was due to the employee''''s negligence or lack of interest. However, the courts have emphasized that the dies non principle should be applied judiciously, considering the overall circumstances of the case, and the employee''''s continuity of service should be maintained, even if the absent period is not counted towards benefits or seniority.

When advising a client in the Indian judiciary system, it is recommended to carefully review the specific facts of the case, the nature of the employment, and the applicable laws and precedents before determining whether the dies non principle can be invoked. Additionally, it is important to consider any potential exceptions or mitigating factors that may influence the court''''s decision.