Case Note & Summary
The petitioner, Shabana Begam Shekh Ahamad, was a daily-wage conductor employed by the Maharashtra State Road Transport Corporation (MSRTC), respondent no.2. She was terminated by an impugned communication dated 30th December 2015, which stated that she was absent from duty without leave from 1st December 2014 to 31st December 2014. Aggrieved, she filed a writ petition before the Bombay High Court, Aurangabad Bench. The petitioner contended that her absence was due to medical reasons, and she had submitted a medical certificate to the authorities. However, the respondent no.2 did not consider the medical certificate and proceeded to terminate her services. The court heard the learned counsel for both parties. The court observed that the petitioner's absence was for a short period of one month and was supported by a medical certificate. The court held that absence without leave does not automatically constitute misconduct under the Standing Orders if it is due to genuine medical reasons. The termination was found to be arbitrary and in violation of principles of natural justice. The court quashed the impugned communication and directed the respondent no.2 to reinstate the petitioner with continuity of service, but without back wages, as the petitioner had not worked during the period of absence. The court also directed that the petitioner be paid costs of Rs. 5,000 by respondent no.2.
Headnote
A) Service Law - Termination - Absence Without Leave - Standing Orders - The petitioner, a daily-wage conductor with MSRTC, was terminated for unauthorized absence from 1-12-2014 to 31-12-2014. The court held that absence due to medical reasons, supported by a medical certificate, does not constitute misconduct under the Standing Orders. The termination was quashed as arbitrary and violative of natural justice. (Paras 3-6) B) Industrial Law - Daily-Wage Employee - Reinstatement - The court directed reinstatement of the petitioner with continuity of service but without back wages, considering the short period of absence and the medical ground. (Para 6)
Issue of Consideration
Whether the termination of a daily-wage employee for absence without leave, when the absence was due to medical reasons, is valid under the Industrial Employment (Standing Orders) Act, 1946 and the principles of natural justice.
Final Decision
The impugned communication dated 30th December 2015 is quashed and set aside. Respondent no.2 is directed to reinstate the petitioner with continuity of service but without back wages. Respondent no.2 shall pay costs of Rs. 5,000 to the petitioner.
Law Points
- Absence without leave does not automatically constitute misconduct if due to genuine medical reasons
- Standing Orders must be interpreted liberally
- termination without considering medical certificate is arbitrary
