Summary
Termination of an ONGC employee under the temporary-service provision was held invalid after more than eleven years’ employment, particularly where the absences relied on had been regularised as leave. Reinstatement and consequential benefits were maintained, but back wages were reduced to ten per cent because of prolonged habitual absence and the delay spent pursuing the wrong forum. ONGC could pay salary until superannuation without requiring her to work.
Issues
- Whether termination under the temporary-service provision was sustainable after prolonged employment and regularisation of the absences.
- What back wages and reinstatement arrangements were appropriate on these facts.
Held
- The employee’s more than eleven years of service made termination under the temporary-employee provision unjustified in the circumstances. Termination carrying serious civil consequences required due process and enquiry; the regularised leave could not itself supply the termination ground. (¶ 9–10)
- Invalid termination did not require substantial back wages on this record. Absence for 1,968 days over seven years, the Medical Board’s concerns and the fourteen years taken to approach the Labour Court after pursuing writ proceedings were relevant to monetary relief. (¶ 11–12)
- Ten per cent back wages, reinstatement and other consequential benefits met the equities. Considering the employee’s conduct and impending retirement, the employer could dispense with actual work while paying salary from the judgment until superannuation. (¶ 13)
Result
Both appeals disposed of with modification: back wages reduced from 30% to 10%; setting aside termination, reinstatement and other consequential benefits retained. Employer need not take actual work and may instead pay salary from judgment until superannuation in May 2020. No costs.