Disciplinary Punishment is justified in case of absence without Leave

The Employee before the Labour court contended that his unauthorized absence from service was due to him suffering from Tuberculosis although the employee failed to furnish medical documents or certificate in support of his claim. In reply, the employer argued that the employee did not submit any leave application for his prolonged absence. The Labour Court partially allowed the claim directing employer to pay gratuity, provident fund and leave encashment, as applicable, while disregarding employee’s claim of reinstatement. The High Court of Karnataka upheld the decision of Labour Court in W.P. (C) No. 36199/2014 further opining that unauthorized absence from duty constitutes misconduct in industrial employment and justifies disciplinary punishment.