Q: I was a workman in the factory of a public limited company. The Certified Standing Order (CSO) formed part of my service conditions. There is a clause in the CSO that if an employee is on unauthorised leave for more than 10 days, his service will be terminated. In June this year I got malignant malaria and was unable to attend work for two weeks. I informed the management of my illness. When I went back to work, I was told that my service had been terminated. I never got a chance to justify my absence. I am out of work. What legal steps can I take?
B. Samanta
A: The termination of your service seems to be in violation of the principles of natural justice. The Supreme Court has held that even if the CSO containing the aforesaid clause forms a part of the service conditions, an employer cannot dismiss an employee without giving him a chance to justify his absence from work. You seem to have a satisfactory explanation for your absence from work. If you come within the purview of the Industrial Disputes Act, 1947, you should raise a dispute regarding termination of your service before the Industrial Tribunal. If the tribunal is satisfied that you had a justifiable cause for the absence, it might order reinstatement with full or part back wages. If the remedy under the act is not available, then you might file a civil suit challenging your wrongful dismissal from service but that would be a time consuming and costly process. However, if the employer is substantially a wing of the government, you might file a writ petition in the appropriate high court and that would be a relatively speedier and less expensive procedure.
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