Supreme Court of India

North Eastern Karnataka R.T. Corporation v. Ashappa and Anr.

Neutral citation
Bench S.B. Sinha and P.K. Balasubramanyan JJ.
Decided 12 May 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, we are of the opinion that a government servant who has willfully been absent for a period of about 3 years and which fact is not disputed even by the learned Single Judge of the High Court, has no right to receive the monetary/ retrial benefits during the period in question.

Judgment, page 7

From the headnote

Labour Laws : Industrial Disputes Act, 1947: Employee-Unauthorised absence ji-om duty-Misconduct-Dismissal ji-om service-Industrial dispute-Labour Court directing the employer to reinstate him to original post and also for payment of back wages­ Challenge to-Dismissed by High Court-On appeal, Held: Errant employee was asked to resume his duties but he did not report for duties-He was also found unauthorisedly absent from duty on several occasions earlier­ Absence of an employee from duty for a long time cannot be treated as minor misconsduct-The misconduct committed by the employee could not…

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