Kritarth Consulting
Spl Educators Posh Programs
Ompoddar
Unemployed, Dismissed Under Writ (c) 90
Riteshmaity
Labour Law Advocate
Rdsyadav
Educator, Management Consultant & Trainer
Kaushik_IR
Senior Executive - Hr
+2 Others

Dear Professionals,
Need your expert opinion on following query;
Can we terminate any worker in view of high absenteeism by paying him Notice as per appointment letter ?
please share HC / SC judgments on same if anyone having.
Thanks & Regars,
Kaushik Ahir
25th April 2016 From India, Mumbai
If an employee is absenting unauthorisedly, please ask him in writing to join the service. If he does not then issue a charge sheet, conduct domestic enquiry, award punishment (termination) on the basis of the enquiry report.
There are judgments which state that enquiry is essential even when the employee is charged with habitual absenteeism/ absent without permission.
For more information, check my blog www.labourlawhub.com
25th April 2016 From India, Kolkata
Dear Guidance Seeker,
Please issue a Charge-Sheet or an Explanation Letter in case the Employee absenting from duty without information and or permission is a Non-Worker Cadre asking him/her to submit his/her Explanation to the Charges leveled against him/her; and on receipt of the Explanation get an Office Order issued signed by the Authorized Signatory informing all concerned to commence, conduct and complete the Inquiry Proceedings in accordance with the Principles of Natural Justice as well as the Procedures laid down for such Inquiries and initiate further Disciplinary Action ( Punishment).
Ensure that the delinquent Employee is given all reasonable opportunity to defend his/her action
For further detailed guidance get in touch with Team Kritarth info@kritarth.in, 91 9880 299 349/9560453756
Kritarth Consulting
25.4.16
25th April 2016 From India, Delhi
yes, you can give as per appointment letter clause but before you will give a chance to him/their to reduce the absenteeism.
26th April 2016 From India, Hyderabad
Dear Sir,
No. Absenteeism is such a simple offence to prove and win every where in social forums.Sir, you need to follow procedure as per standing orders applicable to your unit. Procedure is issue him chargesheet, conduct domestic enquiry , issue second show cause notice then dismiss . As such it is case of long absenteoeism, you can examine HOD and any supervisor that to take on record that how absence has impacted largely to routine jobs that imapired production activities and shop floor things remained haywire.From HR,production of his absenteeism records, leave and warning letters that should get exhibit numbers by introducing all in enquiry proceedings.You have to ensure in drafting chargesheet that chargesheet takes larger contents in describing irregular and habitual / repetition of the grave and serious offence and delinquent employee has not improved instead his absenteeism is very frequent and high also even after having given opportunities to improve.
Never go with short cut route tempted by you , else you may have to compromise, pay cost on a situation almost is win win.
Regds,

RDS Yadav
Labour Law Adviser
DIRECTOR-Future Instt. of Engg. and Management Technology
navtaranghrs@gmail.com
26th April 2016 From India, Delhi
Your question is answered through the attachment of Writ Civil 90 of 2016 with arguments and subsequent Judgment by SC on 18.04.2016.
Read the 9 question of law raised in the petition. You will find the answer. SC upheld the violation of Principle of Natural Justice. So, now you need not to worry to ignore and set aside the Audi Alterm Partem Rule.
You are free to do whatever you want to do. You are protected by natural guardian of constitution i.e. SC.
Regards,
Om Prakash Poddar
MSW & LABOUR LAW
Dismissed under Writ (C) 90 of 2016.
9968337815
26th April 2016 From India, Delhi

Attached Files
Membership is required for download. Create An Account First
File Type: pdf Content of Writ Civil 90 of 2016 in Supreme Court of India.pdf (663.6 KB, 207 views)
File Type: pdf JUDGEMENT OF SUPREME COURT OF INDIA AGAINST WRIT CIVIL 90 OF 2016 .pdf (45.1 KB, 151 views)

Kaushik Ahir, you can terminate any worker in view of absenteeism without paying him Notice as per appointment letter.

In recent Judgment in Writ (C) 90 of 2016, SC upheld the dismissal order of IDPL; as IDPL had dismissed me on the ground of "since you are absconding from joining the duties more than 90 days (since 21.06.2014 till now), Your services stands automatically terminated w.e.f 21.09.2014."

However, the matter of fact in the Writ was, Praveen Kumar, C&MD , IDPL on deputation basis from Indian Defense Account Service did not let me to work and kept me without work at Head Office for one month as he wanted to promote his closest female executive Ms Kamna Saini, aged about 32 years and transferred me with mala fide intention to Gurgaon Plant and subsequently dismissed me without payment of single penny.

I dared to raise this issue of arbitrary and discriminatory state action to PMO and subsequently to Supreme Court of India in the form of Writ Civil 90 of 2016. Supreme Court upheld the dismissal order of IDPL and dismissed the petition as court did not find any ground under Article 32 of Constitution of India.

The Writ Civil 90 of 2016 was listed under the main category of "Labour Matters-Dismissal" & Ground of dismissal was taken by the IDPL, a Govt owned sick Industry as "absconder/absenteeism."

.

Hope it will satisfy your queries!!!

Regards,

Om Prakash Poddar

MSW & LABOUR LAW

Dismissed under Writ (C) 90 of 2016.

9968337815
26th April 2016 From India, Delhi
No.You have to treat the absenteeism as a misconduct and do the domestic enquiry before termination.
26th April 2016 From India, Thiruvananthapuram
No need to give notice, no need to pay wages, no charge sheet, no domestic enquiry required as SC upheld in the Writ 90 of 2016.
Do not worry. I may request you to kindly read the Question of Laws in this Writ petition as attached above.
Om Prakash Poddar
MSW & LABOUR LAW
Dismissed under Writ (C) 90 of 2016.
9968337815
26th April 2016 From India, Delhi
Dear Mr.PODDAR,
Thanks for sharing SC judgment. We are under obligation and as mandatory rule maintaining discipline across organizations by implementing Service Rules for Management staff and Standing Orders ,model or certified applicable for workmen . The procedure for disciplinary action is also clearly agreed, announced through the same and moree expressed in Standing orders. If i do not observe a set of procedure myself, will this be not breach of promise and moreover , how I would further dare to enforce same and other set of rules, provisions applicable to my employees. Similary, court has in many such cases either reinstated delinquent employees or mostly awarded retrenchment compensation. I reserve further my arguments until I receive your guidance to this point.
Regds,
RDS Yadav
Labour Law Adviser
Director-Future Instt. of Management and Technology
27th April 2016 From India, Delhi
Mr. Yadav, first of all please correct that I am not giving you guidance. I have responded to the queries of the post.

We should respect the Judgment of the SC. I have full faith in the institutions Hon'ble SC. SC follows the rule of law not emotions of the common man. I am dam sure that I will get justice. The method of SC may be different.

Coming to your your discussion as you are bound to follow due process of law.

My little knowledge says, the judgment of SC becomes the Law of the land. Enforcement of Law of the land is not being enforced by the written materials of the books. It is being enforced by the judgments of SC.

There can not be two sets of law for enforcement of principle of natural justice for the same cause of action. Separate law for state and separate law for private stakeholders.

Private players learn from the act of state. Hence, if SC has expressed some view point to safeguard the state then naturally it becomes applicable for all.

It is another matter whether one should follow due process of law or not. Law is a matter of interpretation. Hence, everyday judgments are impugned before the court of Law.

Please find attached my written Arguments before the SC and request you to kindly read only para 24 to 27. It will not take your much time but will answer your all queries of your post.

Choice is yours......... Which path you adopt ..........

Regards,

Om Prakash Poddar

MSW & LABOUR LAW

NEW DELHI

09968337815
27th April 2016 From India, Delhi

Attached Files
Membership is required for download. Create An Account First
File Type: pdf Arguments in Writ Civil 90 of 2016.pdf (229.1 KB, 30 views)

Hi ,
I am unable to download the Judgement OF SUPREME COURT OF INDIA AGAINST WRIT CIVIL 90 OF 2016 .Pdf
can u pls send the same on
5th June 2018 From India, Mumbai
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™