NEW DELHI: The Supreme Court has set aside an Allahabad High Court judgment and a Labour Court award that had ordered reinstatement of a worker with back wages, ruling that an employee who remained absent without authorisation and failed to provide evidence for his claims is not entitled to such relief. A Bench of Justices Vikram Nath and Sandeep Mehta allowed an appeal by M/s Rifilis Engineering Pvt. Ltd., rejecting the claim of an employee who alleged illegal termination after he attempted to rejoin duty in 2012.
The employee, engaged as a moulder, had stopped reporting to work in May 2012. The company stated that he was absent without notice and had issued a communication seeking an explanation.
The Labour Court had earlier ruled in his favour, directing reinstatement with partial back wages, a decision later upheld by the High Court.
However, the Supreme Court found that both courts had erred in granting relief without supporting evidence. It held that the employee had not provided proof of his reasons for absence or any written communication during the period.
The Court also rejected the claim that he had attempted to resume duty but was denied entry, noting the absence of documentary support. It observed that an employee is responsible for informing the employer of changes in address and cannot rely on lapses in communication attributable to himself.
Finding no evidence to justify the absence or alleged attempts to rejoin work, the Supreme Court allowed the company’s appeal and set aside the Labour Court and High Court orders, thereby rejecting the employee’s claim for reinstatement and back wages. (IANS)
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