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Novartis India Ltd vs State Of West Bengal & Ors on 2 December, 2008

22. Be that as it may, the contention of the petitioner set out in its skeletal written statement running into one and a quarter page is that the respondent was not relieved from employment, but was unauthorizedly absent. The learned Apex Court in the case of Novartis India Ltd., Vs. State of West Bengal and others, (2009)3 SCC 124 has concluded that the contention of unauthorized absenteeism is a charge of having committed a mis-conduct by the employee. It has thus been settled that such a charge cannot be proved unless disciplinary proceedings are initiated. The learned Apex Court has therefore granted full back wages to the concerned employee since the Management had not conducted any disciplinary proceeding to prove the charge of unauthorized absenteeism when the concerned employee declined to report at the place of transfer.
Supreme Court of India Cites 32 - Cited by 135 - S B Sinha - Full Document
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