Writ petition challenging a Labour Court award which upheld termination of an employee on grounds of unauthorised absenteeism while awarding Rs.75,000 compensation since the charge of negligence leading to a blast was not proved. The High Court found no ground for interference and rejected the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Megha
27_wp_640_2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.640 OF 2024
Amarjit T. Pal ...Petitioner V/s. M/s. Holistic Remedies Pvt. Ltd. ...Respondent
__________________________________________________ Mr. Mahesh Shukla with Mr. Niraj Prajapati for the Petitioner.
CORAM : SANDEEP V. MARNE, J.
Dated : 20 June 2024.
P.C. :
Digitally signed by MEGHA MEGHA SHREEDHAR SHREEDHAR PARAB PARAB Date: 2024.06.25 17:53:30 +0530
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Megha
27_wp_640_2024.docx
approach the employer for salary. It appears that Petitioner was out of service from 21 August 2017 i.e. immediately after the blast in the premises on 11 August 2017. The statement of claim filed by Petitioner would indicate that the first communication with regard to employment appears to have been made by Petitioner directly on 20 February 2018 that too by way of statement of demand. In my view therefore, the Labour Court has rightly held the ground of absenteeism as being valid for termination of Petitioner. For employer’s inability to prove the charge of negligence and carelessness in performance of duty leading to blast, the Labour Court has awarded Rs.75,000/- to the Petitioner. As a matter of fact, if Petitioner was voluntarily absent from duties from 21 August 2017, it is questionable as to whether he could have been granted any compensation. Be that as it may, the employer has not challenged the Award of the Labour Court.
[SANDEEP V. MARNE, J.]
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1 issue framed by the court
Whether the Labour Court's award upholding termination for unauthorised absenteeism and granting Rs.75,000 compensation could be interfered with in writ jurisdiction?
Amarjit T. Pal
M/s. Holistic Remedies Pvt. Ltd.
Sandeep V. Marne
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
