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Workman Takes Prolonged Unauthorised Leave Due To Depression And Entitled To Reinstatement: Karnataka High Court

By - King Stubb & Kasiva on November 24, 2023

[1]The Karnataka High Court upheld a Single Judge's order to reinstate an employee, who was dismissed from service by the Karnataka Power Transmission Corporation Limited (KPTCL) due to prolonged unauthorized absence caused by mental depression. A Station Attendant (Grade 2) since 2008, had been absent without prior permission from 2010, totaling 632 days of absence, leading to his dismissal in 2014.

The Station Attendant challenged this in the labour court, citing his mental depression and providing medical evidence for the same. The labour court set aside the dismissal order in 2019, reinstating him without back wages but with continuation of service. The KPTCL's appeal against this decision was dismissed by the High Court, which emphasized that state entities must be fair and that the labour court order was reasoned properly.

[1] WP No.31883 of 2019 (L-RES)

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