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Judgement of workmen’s unauthorized absence

Contents News/Article Date: 31st August 2023

Relating to which Act: The Industrial Disputes Act of 1947

Penalty under the Act: Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Applicable to which State: Whole of India

Type: HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA , WRIT PETITION No. 26966 OF 2011

Pertains to: Petitioner submits that her husband Sri T. Narsimhulu (hereinafter referred to as ‘the workman’) worked as Conductor from 01.08.1986 till he was removed from service by the 2nd respondent vide order dated 12.07.2006 on the charge that he absented from duties from 05.03.2006 to 23.03.2006

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And in the current instance: The Writ Petition is therefore, allowed, directing the respondents to count the service of the workman from the date of removal till his death with all attendant benefits payable to the petitioner but without back wages within a period of two months from the date of receipt of a copy of this order. No costs. 7. Consequently, the miscellaneous Applications, if any shall stand closed. ————————————– NAGESH BHEEMAPAKA, J

Subject: Judgement on absenting from duties from 05.03.2006 to 23.03.2006 and that he maintained irregular attendance and asked to treat her husband as in service from the date of removal till the date of death with all attendant benefits and back wages as her husband remained unemployed during the said period.

Attached is the judgement order of 31st August 2023

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