Notice period or notice pay during probation period depends upon the terms of appointment and or the standing orders of the company. If it is silent in this respect, it shall be deemed that no notice is required from the employee's side to leave. Though any of the provisions of the ID Act will be applicable to an employee of managerial position, if we debate on that an employee not having completed at least one year of continuous service shall not be eligible for any notice from the employer's side for lay off, retrenchment etc. In the same way, the employee may not be liable to give any notice. (In fact, notice from the side of employee is not at all mentioned anywhere in the Act)
It is genuine to ask the employee to stay back at least for a reasonable period for easy handing over of the duties to the newly appointed employee but without spoiling the relations. Since he has left and has been absconding, leave the matter and whenever he turns back, relieve him with retrospective effect.
13th November 2009 From India, Kannur
14th November 2009 From India, Tiruchchirappalli