Mr. Sai Kishore,
There is a laid down procedure for terminating the employee on the grounds of continued unauthorised absenteeism. The procedure you can find in the Industrial employment (Standing Orders) Act. Even piece rated employees are also considered as regular employees in case they are given regular appointment orders with clear terms and conditions. You are not supposed to employee any persona on temporary tolls beyond 90 days.
In case you wish to terminate the services of an employee on habitual unauthorised absenteeism grounds as stipulated in the certified standing orders of your company (or model standing orders), he should first be served with a show cause notice (charge sheet) obtain his written explanation, on the basis of his explanation, if he accepts his guilt, he should be warned in writing, alternatively a domestic enquiry has to be conducted in the charges leveled against him and on the basis of the findings of the enquiry, he should be warned. After such disciplinary procedures being conducted for warned for 3 to 4 times, he should be suspended for similar misconduct again for 2 to 3 times. After giving such long opportunity to an employee only the final action of terminating the services of an employee can be done, as termination or dismissal of services of an employees is almost likened to death penalty. You need to build up a case like this on any employee, before he his terminated from the services of the company, in case of habitual unauthorised absence. Hope you could understand the procedure, when you do not follow this procedure, labour court is tend to recommend for reinstatement of the employee, which goes against the establishment.
A.V. RAMA JOGA RAO
11th March 2013 From India, Eluru