Voluntary Abandonment of Service Is Not Retrenchment : Bombay High Court

Voluntary Abandonment of Service Is Not Retrenchment : Bombay High Court

The Bombay High Court ruled that when employees voluntarily abandon their service by remaining absent without a valid reason or response despite repeated reminders, it does not amount to retrenchment under the Industrial Disputes Act.

The Court held that such absence leads to automatic cessation of service, and no enquiry or notice is required. Removing names from the muster roll due to prolonged absence is not termination but a consequence of abandonment.

Consequently, the retrenchment procedure, like notice or enquiry under the Act, is not applicable in these cases, and reinstatement or back wages cannot be claimed.

Judgment Copy / 9 months ago

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