#willful misconduct

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.

The Calcutta High Court ruled that knowingly overloading a tanker beyond statutory limits constitutes willful misconduct under insurance policy clauses, voiding coverage even if the accident was not intentionally caused. This sets a clear precedent for insurers to deny claims where statutory violations are proven to be deliberate, shifting the burden to insured parties to prove compliance.