The Punjab Land Development And ... vs Presiding Officer, Labour Court, U.T. ... on 28 September, 2000
(ii) The principle of natural justice has to be considered in the context of the facts situation and in view of the scheme and the rules applicable in a particular case. If an employee remains absent for more than a stipulated period and stature rules or standing order provide for automatic termination of his services in such an eventuality, without holding inquiry or giving opportunity of being heard, observance of principles of natural justice is mandatory proposition. The Supreme Court has categorically held in a catena of decisions that a statutory rule is void if it stipulates for automatic termination of services of an absenting employee after expiry of a stipulated period [in the light of the decision in Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer, Labour Court and Ors. ; Gujarat State Road Corporation and Anr. v. Mulu Antra AIR 1994 SC114; Scooters India Ltd. v. EV Eldred (1998) 6 SCC; Uptrol India Ltd. v. Smt Shammi Bhan and Scooters India Ltd. v. Mohammad Yaqub and Anr. (2001) 1 SCC 61]