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august 2004

Supreme Court of India · 2004-08-12

DELHI TRANSPORT CORPORATION vs SARDAR SINGH

Citation / case number
SC 2003/127
Court
Supreme Court of India
Petitioner
DELHI TRANSPORT CORPORATION
Respondent
SARDAR SINGH
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT S.N. VARIAVA

Judgment text excerpt

The Supreme Court addressed the issue of misconduct related to unauthorized absence from duty under the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952. It held that if the employer treated the absence as leave without pay, it could not be deemed unauthorized, thus indicating no misconduct. The Court upheld the Tribunal's decision to deny approval for dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947, affirming that the Division Bench of the Delhi High Court erred in its interpretation of the Standing Orders regarding leave.

DELHI TRANSPORT CORPORATION vs SARDAR SINGH · Niyam