Supreme Court Quashes High Court Ruling, Upholds Termination for Abandonment of Service.
13 November 2024
Civil Appeals >> Civil & Consumer Law
The case of Life Insurance Corporation of India & Others v/s Om Parkash., revolves around the appellant's appeal against a judgment by the High Court of Himachal Pradesh regarding the termination of a respondent (employee) from the Life Insurance Corporation of India (LIC). The respondent had been absent from work since September 25, 1995, and failed to respond to multiple notices sent by LIC. As a result, LIC treated the absence as "abandonment of service" and terminated his employment under LIC Staff Regulation 39(4)(iii). The High Court, however, ruled that the termination was unsustainable because the respondent was not provided a fair opportunity or inquiry into the charge of absence.
The appellant contested the High Court's decision, pointing out that the respondent had joined another job at the Food Corporation of India (FCI) in 1997, which further suggested abandonment of his previous position. The appellant argued that the respondent's failure to disclose this in his writ petition was an omission that undermined his claim. The Supreme Court concluded that the employer's action of treating the respondent’s absence as abandonment of service was justified. The Court also stated that the respondent's suppression of facts regarding his employment with FCI disqualified him from seeking equitable relief. As a result, the Court quashed the High Court’s order and allowed the appeal.