Case Note & Summary
The dispute arose from the termination of the respondent's employment with Punjab & Sind Bank, where he had served since 1978. The respondent claimed that he was terminated after being absent due to a serious eye ailment and alleged that he had submitted a fitness certificate to the bank. The bank contended that the respondent had been unauthorizedly absent for 190 days and had failed to respond to multiple communications urging him to return to work. The High Court ruled that the termination was invalid due to a lack of inquiry and violation of natural justice principles. The appellants appealed this decision, arguing that under the Bipartite Settlement, they were entitled to terminate the respondent's employment without an inquiry after a prolonged absence. The court analyzed the provisions of the Bipartite Settlement and concluded that the respondent had not provided sufficient evidence to justify his absence or to demonstrate that he had reported for duty as required. The court found that the High Court had erred in its judgment regarding the principles of natural justice and allowed the appeal, thereby dismissing the writ petition and upholding the termination. The parties were directed to bear their respective costs.
Headnote
A) Employment Law - Termination of Service - Validity of Termination Without Inquiry - Industrial Disputes Act, 1947 - The court held that the termination of the respondent's services was justified as he failed to report for duty after unauthorized absence and did not provide satisfactory explanation, thus no inquiry was necessary. The principles of natural justice were not violated as the respondent had not complied with the requirements of the Bipartite Settlement. (Paras 1-4).
Issue of Consideration
Whether the termination of the respondent's services was valid without conducting an inquiry as per the principles of natural justice.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and dismissed the writ petition filed by the respondent, directing both parties to bear their respective costs.
Law Points
- principles of natural justice
- unauthorized absence
- Bipartite Settlement
- employee rights
- termination of service
