Employee joining another organisation by remaining absent and not informing the present employer would be voluntary abandonment: Supreme Court

Employee joining another organisation by remaining absent and not informing the present employer would be voluntary abandonment

Supreme Court, in Life Insurance Corporation of India & Ors. vs. Om Parkash, CIVIL APPEAL NO. 4393/2010, overturned a High Court order that reinstated an employee with consequential benefits. The High Court had earlier ruled that the termination was invalid as no inquiry was conducted into the employee’s prolonged absence. However, the Supreme Court noted that the absence was not merely uncommunicated but deliberate, as the employee subsequently joined another organization without informing his current employer. This behaviour, the Court observed, constituted abandonment of service and justified the employer’s decision to terminate him under service regulations. It further emphasized that such conduct could not be excused, making the High Court’s interference inappropriate.

Also read – Make consistent efforts in Re-engaging Employees : Pradeep Panwar

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