Supreme Court Sets Aside Reinstatement Order for Employee Who Absented Without Notice

The Supreme Court of India allowed the appeal filed by M/s Rifilis Engineering Pvt. Ltd. and set aside the Allahabad High Court judgment dated 13th March 2024 which had upheld the Labour Court's award directing reinstatement of employee Arjun Gupta. The employee, working as a Molder since 1st August 2006, absented himself from 14th May 2012 without intimation to any official of the company. The company issued a registered notice dated 18th May 2012 to the employee's permanent address on record, which remained unreplied. The Supreme Court held that the employer cannot be faulted for sending notice to the address furnished by the employee himself at the time of appointment, and the employee's claim of verbal intimation to his superior regarding his mother's illness was unsubstantiated by any documentary evidence. The Court observed that the employee failed to send any written communication during his absence, produced no evidence of attempting to rejoin duty on 8th June 2012 as claimed, and cannot take advantage of his own omission to update his residential address with the employer. The Labour Court's award dated 27th October 2023 directing reinstatement with 50% back wages and the High Court's judgment upholding it were both set aside, and the employee's claim was rejected.