Absence Without Leave Constitutes Misconduct Warranting Disciplinary Punishment: Karnataka HC Upholds Dismissal Of Employee

The Court said that no employee can claim leave of absence as a matter of right and that remaining absent without leave will constitute a violation of discipline.

The Court was hearing a Writ Petition which challenged the award of the Labour Court that confirmed the domestic inquiry conducted by the Karnataka State Seeds Corporation Limited as just and proper, thereby dismissing the Petitioner.

The bench of Justice Jyoti Mulimani observed, “Absence without leave is misconduct in industrial employment warranting disciplinary punishment. No employee can claim leave of absence as a matter of right and remaining absent without leave will constitute a violation of discipline. The absence without leave constitutes a misconduct justified disciplinary action against the delinquent workman.”

Advocate Karthikeyan appeared for the Appellant and Advocate Subrahmanya appeared for the Respondent.

Brief Facts-

The petitioner G Ramesh appointed as a messenger in 1985, was dismissed from service following disciplinary proceedings. His appeal was rejected, and a subsequent Writ Petition was disposed of by the Court granting him the liberty to raise a dispute before the Labour Court. He then filed a dispute under Section 10(4-A) of the Industrial Disputes Act, 1947. The Labour Court deemed the domestic inquiry just and proper, and partly allowed his petition, directing the Corporation to pay gratuity, provident fund, and leave encashment benefits, provided any earned leave remained unpaid. This award is being contested in the present Writ Petition.

The Court noted that the petitioner claimed to be suffering from Tuberculosis but failed to provide any medical documents or certificates and did not present testimony from the doctors who treated him.

The Court further noted the contention of the Corporation that no leave application was submitted and even if it is submitted, it should be accompanied by a Medical Certificate if the leave is sought on the health grounds.

The Court observed, “An employee is under an obligation not to absent himself from work without worthy cause during the time at which he is required to be at work.”

“The quantum of punishment in cases of misconduct or absence from duty without leave would depend upon the facts of each case.”, the Court added.

The Court noted that in the present case, the petitioner remained absent unauthorizedly from duty without submitting a leave application or without prior permission from the higher authority for a total period of 922 days.

Accordingly, the Court upheld the award of the Labour Court as just and proper.

Finally, the Court dismissed the Writ Petition.