Proportionality of Dismissal for Unauthorised Absence and Procedural Requirements for Challenging Domestic Enquiries.
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Case: SHREE VIGHNAHAR SAHAKARI SAKHAR KARKHANA LTD. v. VISHWAS YESHWANT DHOMSE
Court: Bombay High Court
Date: 07-07-2026
Law: Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, Maharashtra Co-operative Societies Act.
Highlights of the Judgment:
- Examination of the procedural requirement for Labour Courts to frame specific issues regarding the perversity of domestic enquiry findings.
- Analysis of the employer's right to lead additional evidence to justify dismissal when initial enquiry findings are deemed unsustainable.
- Interpretation of "unauthorised absence" and the evidentiary weight of medical certificates submitted after significant delays.
- Legal determination that the burden lies on the employee to verify leave sanction rather than assuming approval upon non-communication.
- Application of the doctrine of proportionality concerning the punishment of dismissal for long-term absenteeism versus years of service.
- Assessment of agricultural income as a relevant factor in determining gainful employment and the subsequent quantum of backwages.
- Judicial discretion in awarding lump-sum compensation in lieu of reinstatement for employees who have reached the age of superannuation.