Please provide supreme court judgement where workmen can be terminated who is absent from duty without information for 08 days
From India, Jaipur
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From India, Jaipur
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First of all, do you have any rule providing for such termination? Secondly, there cannot be an automatic termination of service for an 8-day absence. Unless you issue a notice stating the employee's unauthorized absence and asking the employee to report for duty immediately, you cannot terminate service. You may refer to G. T. Lad & Ors vs Chemicals & Fibres Of India Ltd on 6 December 1978 (citations: 1979 AIR 582, 1979 SCR (2) 613) but it does not support your action.
From India, Mumbai
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1655From India, Mumbai
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I was trying to attach the judgment but couldn't upload even after many attempts. However, the GT Laad's judgment is available on the net. You can rely on U.P. State Bridge Corporation vs U.P. Rajya Setu Nigam on 13 February 2004 where the Supreme Court upheld the termination of service for unauthorized absence of 8 days; of course, due notice was given in this case. This you can also download from the net. This could be of some help.
From India, Mumbai
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From India, Mumbai
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One cannot terminate the services of an employee for overstaying or being absent for more than 8 days even though such a provision is in the Standing Orders. The Supreme Court, in the case of D K Yadav vs JMA Industries Ltd reported in 1993 (83) FJR 271, has held that principles of natural justice must be read into such Standing Orders. Termination of service without an opportunity of hearing would be invalid. You may also refer to the judgments of the Supreme Court in Scooters India Ltd vs. N Mohd. Yakub reported in 2000 (97) FJR 641/ 2001 LIC 71; Lakshmi Precision Screws Ltd vs Ram Bhagat reported in 2002 (101) FJR 398/ 2002 SCC (L&S) 926/ 2002 III LLJ 516.
Thus, if you wish to terminate the services of the employee who is absent from duty for more than 8 days without information, you will have to give him an opportunity of hearing.
S. Sensharma Industrial Law Consultant, Meerut
From India, undefined
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Thus, if you wish to terminate the services of the employee who is absent from duty for more than 8 days without information, you will have to give him an opportunity of hearing.
S. Sensharma Industrial Law Consultant, Meerut
From India, undefined
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Supreme Court Judgement on LTA.pdf
Judgement by supreme court.zip