Industrial Disputes Act, 1947
Section 10(4A)—Award passed by Labour Court directing the Corporation to pay gratuity, provident fund and leave encashment benefit provided the petitioner had any earned leave in his credit if the same are not paid by the Corporation—Challenged—Petitioner came under disciplinary inquiry proceedings for an act of misconduct i.e., unauthorized absence from duty, and was visited with an order of punishment i.e., dismissed from service—Contention of petitioner that he was suffering from Tuberculosis—Petitioner neither furnished any documents/medical certificates nor examined the doctors who examined him—It is the specific contention of the Corporation that, no leave application was submitted, even if it is submitted, that should be accompanied by Medical Certificate if the leave is sought on the health grounds—An employer is under an obligation not to absent himself from work worthy cause during the time at which he is required to be at work—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—Absence without leave constitutes a misconduct justified disciplinary action against delinquent workman—Quantum of punishment in cases of misconduct or absence from duty without leave would depend upon facts of each case—Petitioner remained absent from duty without submitting a leave application or without prior permission from higher authority for a total period of 922 days—Labour Court extensor referred to the material on record and passed the award—Award of the Labour Court is just and proper—No reason found to interfere with findings of the Labour Court—Petition dismissed.
[Paras 4 & 5]