Non-Continuance of Work after Illegal Strike is Voluntary Abandonment

FAILURE TO RESUME WORK AFTER ILLEGAL STRIKE AMOUNTS TO VOLUNTARY ABANDONMENT AND NOT TERMINATION.

RASHTRASANT TUKDOJI MAHARAJ TECHNICAL AND EDUCATION SOCIETY V. SMT. INDIRA MADHUKAR MURASKAR & ORS.

Neutral Citation: 2025: BHC-NAG:5139

Honourable Bombay High Court’s Bench: Justice Anil L. Pansare

Date: 13^th May 2025

The issue before the Hon’ble Bombay High Court was whether the prolonged absence despite repeated calls amounts to voluntary abandonment of service or termination. The Hon’ble High Court observed that the workers of the Petitioner-Society went on strike in 1993 with the contention that there were irregularities in the appointment and pay. The strike was challenged by the Petitioner-Society before the Industrial Court in the same year, wherein it was directed that the strike amounts to unfair labour practice and directed the workers to cease the strike.

However, the strike continued and many letters were issued by the Petitioner-Society but no heed was paid by any worker therefore, a final letter was issued stating that their continued absence will amount to as voluntary abandonment of service. When the employees did not return, their names were taken off the muster rolls, thereafter the Respondents approached the labour court wherein it was held that the employer had committed unfair labour practice by terminating the employees without due process.

The Hon’ble High Court noted the fact that the Petitioner-Society has sent many letters asking the Respondents to resume their duty and despite multiple calls, the employees refused to rejoin and their long absence disrupted the essential services at the school as it was for differently abled children. Moreover, removal of names from muster rolls is not an act of dismissal but it was a necessary consequence of the employee’s inaction. Therefore, the Hon’ble Court held that it cannot be said that the employees were terminated from their service¹.