Legal Action [Thread 525862] - CiteHR
Korgaonkar K A
Consultant In Legal Matters
+1 Other

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Hello All,
Please help me out with legal opinion on below case.
One of our employee has not turned up after going for a long leave. Initially he went for 1 month leave but then he request for extension of leave for further one month. He promised to join from 30Th April15 on mail but till date he has not turned up. He is not answering calls and also not replying to messages.
Please suggest what needs to be done.

Was his extension of leave formally granted. If yes, then send him registered letter asking him to join forthwith otherwise he will be treated as deliberately absenting from duties and liable for disciplinary action as per company's rules.

Dear Sagar ji,

In your case, your employee is overstaying his leave originally granted and subsequently extended. You have extended his leave till 30.04.2015. From 01.05.2015 onwards he is overstaying his leave originally granted and extended.

If your employee does not join his duty on 11.05.2015 and fails to give satisfactory explanation on his overstay, he is liable to lose lien on his appointment, if he is governed by Standing Orders Act.

You need to send him a letter asking him to report on or before 10.05.2015 and give satisfactory explanation on his overstay. You also need to mention in the letter that if he fails to do so, he will lose his lien on employment.

Even your company and employee is not governed by Standing Orders, you can initiate the action as above. Please remember the quote of RATAN TATA - "I Don't Believe In Taking Right Decisions. I Take Decisions & Then Make Them Right". If you want to enforce discipline, you need to follow RATAN TATA.

For your ready reference I am giving the provision under Standing Orders Act verbatim as under:

If a workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose lien on his appointment unless he-

(a) returns within ten days of expiry of his leave, and

(b) explains to the satisfaction of the manager his inability to return on the expiry of his leave.

In case, the workman loses as aforesaid, his lien on the appointment, he shall be entitled to be kept on the "badli list".

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