The High Court has made it clear: being ill does not automatically translate into sanctioned medical leave.
Hearing a petition by a workman who was dismissed after remaining absent for 922 days claiming he suffered from tuberculosis, the Court upheld the termination, ruling that absence without a formal leave application amounts to misconduct.
The employee had approached the Labour Court seeking reinstatement along with gratuity, provident fund and leave encashment. He submitted medical documents to justify his long absence.
The Corporation countered that no leave application was ever filed, and the medical papers produced later had no relevance to the actual period of absence as they were not backed by prescriptions.
The Court observed that while prolonged illness can be a compelling reason, an employee cannot claim leave as a matter of right. Under Leave Rules, an employee unable to attend duty due to illness must apply for leave without delay and produce a certificate from a competent medical officer.
It also held that each disciplinary case must be judged on its own facts and severity of misconduct, and a uniform yardstick cannot be applied.
The writ petition was dismissed.
