An employee’s absence from work without an acceptable excuse for a reasonable period of time would necessarily be a ground for his employer to consider the employee as having vacated service, the Supreme Court held in a recent judgment as reported in Daily Mirror today.
The Supreme Court delivered this judgment pursuant to an appeal petition filed by Jathika Sevaka Sangamaya on behalf of its member, a depot route inspector attached to the Giriulla Bus Depot challenging the termination of service, on the alleged ground of vacation of post.
Supreme Court three-judge-bench comprising Justice S.thurairaja, Justice A.H.M.D. Nawaz and Justice Mahinda Samayawardhena observed that the appellant P.titus Jayantha, depot route inspector was absent without leave from August 17.2004 for a period of approximately 21 days and that it is reasonable on the facts established in the case to draw the inference that he had no intention to report for work at the Giriulla depot. The appellant stated that following the General Election held on April 2, 2004 with the change in the ruling party, certain members of the Giriulla Bus Depot had threatened him and his party members not to report to work.