Legal Case Study :- Absenteeism

11 Nov

This is an attempt to compare the judgments delivered in the 1960 To 1990’swith that of judgments delivered from 2001 onwards. The Indian Economy hasundergone significant changes after the introduction of liberalization andglobalization. The Indian Judiciary has also taken a note of the prevailingcircumstances and there is a different direction taken by the Indian Judiciary inthe recent years.

Earlier absenteeism even for a period of 5 years was not considered as a major misconduct. In a judgment the Supreme court in the case of Syed YakoobVs K.S.Radhakrishnan and others reported in AIR 1964 SC 477 is relevent which dealt with that termination on the ground of absenteeism and found that it was disproportionate and set-aside the termination and granted reinstatement withfull back-wages.

Whereas the Hon’ble Supreme court in the case reported in 2008 LLR 715SC Chairman & MD VSP and others Vs. Gokaraju Sri Prabhakar held that despite of opportunities granted him to report for duty, he failed to report duty – Absence justifies dismissal from service – High court cannot set aside a well reasoned order only on sympathy or sentiments – Once it is found that all the procedural requirements have been complied, the courts would not ordinarily interfere with the quantum of punishment imposed upon a delinquent employee.

Regards,

Pinal Mehta

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