Workman's Unauthorised Absence From Work Due To Ill Health, Not Wilful Or Negligent: Telangana High Court Orders Backwages

The Telangana High Court has directed the Andhra Pradesh Road Transport Corporation (APRTC) (TSRTC after bifurcation) to treat a former employee as ‘in service’ from the date of his removal till the date of his death for the purposes of back wages.

Justice Nagesh Beemapaka passed the order in a writ filed by the wife of the deceased man in service seeking to set aside the order passed by the Labour Court directing the respondent to count the service of the deceased from the date of his removal, excluding the period of absence, till death, with all attendant benefits but without back wages.

“It is clear that the workman suffered severe health setback and he confined to bed till his death. In those circumstances and in view of the observation of the Labour Court that the charged absence is though unauthorised, not wilful nor by negligence, this Court taking lenient view, inclines to grant the relief prayed for by the petitioner.”

The claim of the petitioner was that, her husband suffered from serious health conditions and was advised complete bed rest by the doctors, following which he succumbed to his ailments in November 2006. She stated that her husband had taken sick leave in December 2005, and due to the advice of doctors stayed on bed rest, and was entitled to back wages because he did not seek employment in any other Corporation.

The Corporation on the other hand contended that the deceased could not be considered as a ‘workman’ and that an industrial dispute itself is not maintainable before the labour Court. 

The Corporation further contended that, be that as it may, the deceased had been absent for over a month before his service was terminated and even when he was in service was always irregular in work. It was averred that the absence of the deceased without prior intimation created inconvenience that would amount to misconduct under Regulation 28(xxvii) and (ix)(a) of the APS RTC Employees’ (Conduct) Regulations, 1963.

The corporation also stated that after issuance of show cause notice, to the deceased, he was given ample chance of hearing, but due to his non-participation, the enquiry was concluded ex-parte.

The court appreciated the evidence presented before the labour Court and concluded that although the absence was unauthorised, it was neither wilful nor negligence, but due to severe health setback and held:

“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 backwages within a period of two months from the date of receipt of a copy of this order. No costs.”

Case Title: AMRUTAMMA vs. MANAGING DIRECTOR AND ANOTHER

Counsel for petitioner: A K JAYAPRAKASH RAO

Counsel for respondent: THOOM SRINIVAS SC FOR TSRTC

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