Case Note & Summary
The dispute arose between an employee and the respondent-Corporation regarding the appellant's deemed resignation due to unauthorized absence. The appellant, a cricketer of repute, was transferred from New Delhi to Jammu but could not report due to his mother's critical health condition. After his mother's death, the Corporation treated him as unauthorisedly absent and deemed him to have resigned. The appellant challenged this decision in a Writ Petition, which was dismissed by the High Court. The Supreme Court, recognizing the appellant's significant contributions to sports and the humanitarian grounds of his absence, suggested that the Corporation reconsider its decision. The Corporation agreed to reinstate the appellant without back wages, emphasizing that this case should not set a precedent for future cases. The appeal was disposed of with no costs, acknowledging the Corporation's initiative in supporting sports.
Headnote
A) Employment Law - Deemed Resignation - Justification of Absence - ONGC Leave Rules, 1995, Rule 14 - The appellant's absence was due to his mother's serious illness and subsequent death, which warranted reconsideration of his transfer and resignation. The court held that the respondent-Corporation should have taken a more compassionate approach in light of the appellant's contributions to sports (Paras 1-3).
Issue of Consideration
Whether the appellant's deemed resignation was justified given the circumstances surrounding his absence from duty.
Final Decision
The Supreme Court allowed the appeal, directing the respondent-Corporation to reinstate the appellant without back wages, emphasizing that this should be treated as a special case and not a precedent.
Law Points
- Employment law
- Reinstatement
- Transfer orders
- Leave rules
- Humanitarian grounds
