Delhi High Court in National Institute of Immunology vs. Vinod Kumar Gupta [Writ Petition (Civil) 5016/2023] upheld the decision made award passed by the labour court wherein the court rejected the plea of absenteeism taken by the management held that workman wilfully absented himself from the duty is not at all sustainable considering that the employer failed to bring on record any evidence to prove that they made efforts towards directing workman to join back the services. The labour court while passing the award further held that if the workman was not appearing for work, the employer was supposed to issue him a show cause notice for his non-appearance. It was also supposed to issue a charge Sheet and to conduct a fair and proper enquiry to prove the charges of absenteeism. In the absence of these measures, it could not be presumed that workman had abandoned the job on his own.
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