Dismissal without disciplinary inquiry is invalid: Gujarat HC

Appointing on Fixed term repeatedly by separate orders after artificial breaks will not get protection of Sec. 2(oo) (bb): Gujarat HC

Gujarat High Court in Abhishek Industrial Service Private Limited vs. Natha bhai Bhagwanji bhai Rathod S.C.A No. 10438/2017,  on July 13, 2022, while noting that the employer after issuance of show cause notice to the employee for long absenteeism cannot straight away dismissed the said employee without (a) framing the charges against him and (b) conducting disciplinary enquiry. The Court further held that response from the employee to the show cause notice wherein the employee provided his explanations for long absenteeism should not be considered as his admission.

Also read: Service Rules will prevail over Gratuity Act if have better terms: Kerala HC

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