The judgments of Hon'ble courts shall be very useful for most of us, very true. BUT either myself or some of our friends have misunderstood the verdicts. I understand that :- In all the verdicts, the Hon'ble Courts have not justified the un-authorized absence rather they have defined both the terms - resignation and abandonment of service. In case of resignation, the employee has to tender resignation which is required to be accepted by the employer to complete the terms of termination of employee/employer relationship, whereas in case of abandonment, the employee opts not to resume duty for quite a long period. In such case, it can be inferred by the employer that the employee is no longer interested in continuing employment and in such case, the employer has every right to terminate the employee. This judgment infers that action of management to terminate the absconding employee is right, it does not provide any right or liberty to an employee to abscond or abandon the employment at his own will.
Sirs, if I am mistaken, Law experts are requested to please feel free to correct me. Your valuable opinion in this regard shall be welcome.
Thanks in anticipation of your valued opinions.
26th November 2013 From India, Jabalpur
Entire text of my post has been copied from the order of the Supreme Court and I have not added anything from my side. Relevant portion from para 9 of the Order is again reproduced below:
"...he has a right to abandon the service any time voluntarily by submitting his resignation and alternatively, not joining the duty and remaining absent for long......"
I am attaching more judgements of Supreme Court on the subject as referred in the above case for further study and comments from the readers.
1st December 2013 From India, Malappuram
But I worked 18days in that office can how can I get the working days salary because that company have an record they not give salary those employee left job
16th October 2018 From India, Pune