Unless continued ill health of a workman does not effect his performance of duties, employer can’t take benefit of sec. 2(oo) of ID Act.
Groz-Beckert Asia Pvt. Ltd. vs. Presiding Officer, Industrial Tribunal-cum-Labour Court, Union Terriotory, Chandigarh & Anr. 2009 LLR 1304 (Punjab & Haryana HC)
Dismissal not proper for minor irregularities more so when charges were vague.
Managing Director, Garhwal Mandal Vikas Nigam Ltd. vs. Kamal Nayan Nautiyal. 2010-I CLR 949 (UP HC)
Habitual absence for 127 days and 196 days will justify dismissal.
Brijlal vs. Steel Authority of India Ltd. & Ors. 2010 LLR 639 (Chattisgarh HC)
Habitual and continuous absence for 70 days will be sufficient for dismissal.
Delhi Transport Corporation vs. Sh. Rishi Prakash. 2010 LLR 656 (Del. HC)
Dismissal not to be set aside for the charges of theft of tea bag of 30 Kg. by employee.
Management of Dayang Tea Estate, P.O.Golaghat, Assam vs. Secretary, Assam Chah Karmachari Sangha, Distt. Golaghat, Assam and Others. 2010 LLR 603 (Gauhati HC)
Ex-parte award confirming dismissal for unauthorized absence not to be challenged in writ.
J. Lokesh vs. Juggath Pharma Industries Ltd. 2010 LLR 606 (Karnataka HC)
Dismissal justified for unauthorized absence.
H.L. Mahendra vs. Divisional Controller, Disciplinary Authority, K.S.R.T.C., Bangalore. 2010 LLR 610 (Karn. HC)
Attending duties for only about two years in 9 years service will be sufficient cause for dismissal.
E.M.E. Edwards St. George School vs. The Presiding Officer, Industrial Tribunal Chennai and Anr. 2010 LLR 648 (Mad. HC)
Dismissal on confession without enquiry would be illegal.
A. Karthikeyan vs. Managing Director, TASMAC Ltd. Chennai and Others. 2010 LLR 663 (Mad. HC)
When bus driver did not stop the bus on signal from checking party and on finding serious irregularities, bus conductor misconduct was condoned, the driver also deserves the same treatment. Dismissal set aside.
U.P. State Road Transport Corporation vs. Satendra Singh and Another. 2010 LLR 697 (Alla. HC)
Dismissal of service without affording hearing opportunity will be illegal.
Ram Ji Misra vs. U.P.S.R.T.C. and Others. 2010 LLR 703 (Alla. HC)
Dismissal proper for man handling and violent behaviour by security guard towards his superior.
Vishwanath A. Khatal vs. Voltas Ltd. 2010 LLR 744 (Bom. HC)
