THE BUCKINGHAM AND CARNATIC CO. LTD. vs VENKATIAH AND ANR.

The Supreme Court held that Standing Order 8(ii) was applicable in the case of Venkatiah, who was absent without leave but received sickness benefits. The Court ruled that the employer's decision to not accept the medical certificate was within their discretion, and the High Court erred in its assessment of the Labour Court's conclusion. Furthermore, the termination of Venkatiah's services did not contravene Section 73(1) of the Employees' State Insurance Act, 1948, as it did not occur during his illness period for which he received benefits.