Supreme Court of India

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

Neutral citation
Reported as [2006] SUPP. 2 S.C.R. 708
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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