M.P. STATE ELECTRICITY BOARD & ANR. versus S. K. YADAV

M.P. STATE ELECTRICITY BOARD & ANR. versus S. K. YADAV

Order of Labour Court setting aside penalty was not interfered with; periods of unauthorized absence to be treated as extraordinary leave without pay, and salary paid during certain months to be adjusted. Back wages not fully granted due to seriousness of misconduct and facts of the case.

Parties
Appellant: M.P. State Electricity Board & Anr.; Respondent: S.K. Yadav
Jurisdiction
India
Judgment Date
16 December 2008
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision From Judgment Dated 22.06.2005 of High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 975 of 2001
Outcome
Appeal partly allowed
Legal Topics
Standing Orders, Unauthorized Absence, Punishment for Misconduct, Back Wages, Leave Regulations
Labour Law Industrial Law Standing Orders Unauthorized Absence Punishment for Misconduct Back Wages Leave Regulations

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Parties

M.P. State Electricity Board & Anr.

Appellant

S.K. Yadav

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision From Judgment Dated 22.06.2005 of High Court of Madhya Pradesh at Jabalpur in Writ Petition No. 975 of 2001

Legal Issues

  1. 1 Whether the respondent was entitled to back wages after unauthorized absence
  2. 2 Whether penalty for unauthorized absence was proper under the Standing Orders

Ratio Decidendi

Order of Labour Court setting aside penalty was not interfered with; periods of unauthorized absence to be treated as extraordinary leave without pay, and salary paid during certain months to be adjusted. Back wages not fully granted due to seriousness of misconduct and facts of the case.

Court Disposition

Appeal partly allowed

Orders

  • Period from 11.09.1991 to 30.11.1993 to be treated as extraordinary leave and unauthorized leave without pay.
  • Salary already paid for December 1991 to February 1992 to be adjusted accordingly.