A single court of High Court of Karnataka consisting of Judge Jyoti Mulimani while deciding a writ petition in the case of Shri G. Ramesh. c. Karnataka State Seed Corporation Ltd. has stated that absence without permission constitutes misconduct in employment in the industry and justifies disciplinary punishment.
Background facts
Shri G. Ramesh (employee) was appointed as messenger in 1985 for The Karnataka State Seeds Corporation Ltd. (The employer) and served in this position until the disciplinary proceedings. He was dismissed for unauthorized absence from office for a total of 922 days, with specific absence periods of 541 days from 07.12.1986 to 15.09.1999 and 381 days from 02.09.2000 to 15.05.2003. After his dismissal, the applicant filed a complaint, which was rejected. Then he submitted a written request to the Court, which was disposed of on 22.05.2012 by order of the employee to raise the dispute in the Labor Court. The workman then filed a dispute under Section 10(4-A) of the Industrial Disputes Act, 1947 before the Labor Court, Bengaluru. The Labor Court assessed that the internal investigation conducted by the Employer was fair and proper. In its decision, the Labor Court partially allowed the claim, ordering the Employer to pay the employee’s remuneration, provident fund and leave encashment benefits, provided he had any earned leave to his credit. Accordingly, the Employer filed a writ petition challenging this order.
The employee claimed that his unauthorized absence from duty was due to his suffering from tuberculosis, although he did not provide any medical documents or certificates to support his claim. He argued that the disciplinary proceedings and subsequent dismissal were unfair and that his extended absence was for legitimate health reasons. He also argued that the dismissal was harsh and sought relief in the form of reinstatement or at least payment of gratuity, provident fund and cash benefits, claiming that these were due to him despite his dismissal.
On the other hand, the Employer claimed that the Employee had not submitted any request for leave for his extended absences. The Employer further claimed that even if the Employee had submitted leave requests, they should have been accompanied by medical certificates to substantiate his health claims, which he did not provide. The employer also argued that unauthorized absence without proper documentation or prior permission from higher authorities is a serious violation of discipline and employment norms in the industry, justifying disciplinary proceedings and the subsequent dismissal of the employee.
Findings of the Court
The court observed that unauthorized absence from duty without submitting a leave request or obtaining prior permission constitutes misconduct in industrial employment and warrants disciplinary action. There it was emphasized that employees are obliged not to be absent without a valid reason and that leave of absence cannot be requested as a matter of right. The Supreme Court supported the Labor Court’s assessment that the Employee’s unauthorized absence for a total of 922 days justified his dismissal. The decision of the Labor Court awarding remuneration, provident fund and leave encashment benefits, subject to earned leave, was held to be just and proper. As such, the court stated that
Based on the above remarks, the court rejected the written request.
Case: Shri G. Ramesh. c. Karnataka State Seed Corporation Ltd.
Case no. WP (C). No. 36199/2014
Quote: 2024 LiveLaw (Car) 281
Counselor for employees: Sri Karthikeyan, Sri Satyanarayana. P. Hogade
Counselor for the employer: God. Subrahmanya, Sri BC Prabhakar
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