When employee did not respond to notices at his available address sent by employer for joining duty, also concealed his securing employment with other employer while challenging his termination, abandonment rightly presumed.
Life Insurance Corporation of India & Ors. vs. Om Parkash. 2025 LLR 1 (S.C.)
When employees resorted to strike and court asked them to desist from the same and employer issued repeated notice to join the duties, but employees failed, deletion of names of such employees from establishment roll is not retrenchment but abandonment of services by employees. No enquiry is needed.
Rashtrasant Tukdoji Maharaj Technical and Education Society vs. Smt. Indira Madhukar Muraskar & Ors. 2025 LLR 832 (Bom. H.C.)
When employee was granted casual leave and later not permitted to join duties, neither show cause notice was issued for misconduct of viewing prohibitory movies during duties nor any enquiry was conducted, it will not be abandonment.
Amulfed Dairy (Formerly known as Mother Dairy) vs. Dilipbhai Ramanbhai Barot. 2025 LLR 850 (Guj. H.C.)
The receptionist of a hotel contesting two Lok sabha Elections after stopping to come to work for eight months and not responding to calls of management to join duties will be deemed as abandonment. No inquiry is required.
M/s. Hotel Ratanmahal vs. Mr. Shivaji Chandrakant Sonawane & Anr. 2025 LLR 289 (Bom. H.C.)
When workman was not in gainful employment during the litigation period which was not rebutted by the employer and workman in between got retired, 50% backwages would be justified.
M/s. Aditya Birla Insultors vs. Learned Seventh Industrial Tribunal. 2025 (184) FLR 453 (Cal. H.C.)
Grant of back-wages to the extent of 75% without any foundational pleading much less any statement that the workmen remained out of employment is wrong.
Employer in Relation to Management of Food Corporation of India vs. Upendra Kumar & Ors. 2025 LLR WEB 377 (Jhar. H.C.)
Back wages can be denied in case of no explination for delay in raising industrial dispute.
Surit Ram vs. State of Chhattisgarh & Ors. 2025 (187) FLR 285 (Chhatis.garh H.C.)
