Extended tenure in an industrial establishment should generally be acknowledged as beneficial for the worker: Karnataka High Court
Case: SKF India Limited v. A V Nagabhushana
Coram: Chief Justice Prasanna B Varale and Justice Krishna S Dixit
Case No.: Writ Appeal No 997 of 2023
Court Observation: “The longevity of past service of the workman spurns the contention to the contrary, especially when the charge framed against him related to the period between July 2009 and April 2011, by which time he had already put in 20 years of long service. It hardly needs to be stated that a long service in any industrial establishment needs to be recognized as something advantageous to the workman, ordinarily.”
“It is not uncommon that at times the medical certificates are not submitted to the Management immediately and that they are produced before the Enquiry Officer. Ideally speaking, such a certificate should be produced to the Management which would consider the request of the workman for sanctioning leave, may be terms of extant Standing Orders. However, the breach of such a norm cannot be construed as going to the root of matter provided that a plausible explanation is offered for noncompliance of such a norm.”
“Ordinarily, what punishment should be awarded in which circumstances, is employee–specific; in awarding punishment a host of factors enter the fray and that other employees cannot press into service as a precedent, what is done to their colleagues in the employment…It is said “Labour Law is not a slave of precedent…”.
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Keywords
Extended tenure in an industrial establishment, Karnataka High Court
