Topic
Bombay High Court ruled that employees absent without authorization during a transfer period are not entitled to wages, reinforcing the 'no work no pay' principle. The judgment preserves continuity of service despite no interim stay, impacting employers and unions in transfer disputes under the Industrial Disputes Act.
Karnataka High Court upholds dismissal of a BMTC driver for 5-month unauthorized absence, ruling that absence without leave constitutes misconduct warranting disciplinary action regardless of prior leave application. The judgment reinforces employer discretion in service law while mandating case-specific evaluation of post-reinstatement conduct.
Rajasthan High Court rules that unauthorized absence disqualifies a government employee from Child Care Leave (CCL) under Rule 103(c) of the Rajasthan Service Rules, but directs authorities to consider extraordinary leave if the absence was based on a bona fide belief of leave approval. The judgment underscores the need for administrative discretion while balancing employee rights and service rules.
Bombay HC rules that prolonged absence due to judicial custody does not automatically negate willful misconduct under the Industrial Disputes Act. Employers must prove the employee was aware of service rules and deliberately avoided compliance, even during incarceration. The ruling mandates reinstatement proceedings before the Labour Court to assess evidence of willfulness and communication.