NATIONAL ENGINEERING INDUSTRIES LTD. vs HANUMAN

The Supreme Court held that under Section 33 of the Industrial Disputes Act, 1947, if a workman's services are automatically terminated due to over-staying leave as per Standing Orders, Section 33 does not apply, and thus an application under Section 33A is not maintainable. The Court found the Labour Court's ruling in favor of the workman to be perverse, as he failed to prove his absence was due to continued illness. Consequently, the appeal was allowed, overturning the Labour Court's decision.