The Supreme Court held that an employee cannot benefit from unauthorised absence and cannot claim reinstatement or back wages without evidence. The Court allowed an appeal and set aside the Allahabad High Court order that had upheld reinstatement. It also rejected the Labour Court award in full.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta delivered the judgment on May 22, 2026.
Background of the Case
The employee worked as a “Molder” with M/s Rifilis Engineering Pvt. Ltd. from 2006. He stopped attending work on May 14, 2012. He did not inform the company.
The company sent a registered notice on May 18, 2012. It used the employee’s permanent address. The employee did not respond.
He later claimed he tried to rejoin duty on June 8, 2012. He also alleged illegal termination from that date.
Labour Court and High Court Proceedings
The employee filed a complaint before the Labour authorities in 2012. The Labour Court later passed an ex parte award in his favour in 2022. It ordered reinstatement with back wages.
The company challenged the award. The Allahabad High Court first remanded the case. The Labour Court again ruled in favour of the employee in 2023.
The High Court later upheld this award in 2024. The company then approached the Supreme Court.
Arguments Before the Supreme Court
The employer argued that the employee abandoned service. It said the employee never informed any change of address.
The employee claimed medical emergency in his family. He said he informed his superior before leaving. He also disputed receipt of the notice.
Supreme Court Findings
The Court rejected the employee’s claims. It held that the employer correctly used the address given by the employee.
The Court said an employee must inform the employer about any change in address. The Court also found no proof of illness or leave request.
The Bench observed that the employee never sent any written communication during absence. It also rejected the claim of attempted rejoining due to lack of evidence.
The Court stressed that employee cannot benefit from unauthorised absence when he fails to prove his case.
Final Decision
The Supreme Court allowed the appeal. It set aside the High Court judgment and the Labour Court award.
The Court cancelled reinstatement and back wages. It dismissed the employee’s claim in full.
The Court reiterated that when absence remains unproved and unexplained.
