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r s k
Please provide supreme court judgement where workmen can be terminated who is absent from duty without information for 08 days
From India, Jaipur
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
KK!HR
Management Consultancy
R S K
Sr Manager H R And Admin

KK!HR
1530

First of all, do you have any rule providing for such termination? Secondly, there cannot be an automatic termination of service for 8 days absence. Unless you issue a notice stating the employee's unauthorised absence and asking the employee to report for duty immediately, you cannot terminate service. You may refer to G. T. Lad & Ors vs Chemicals & Fibres Of India Ltd on 6 December 1978 (citations: 1979 AIR 582, 1979 SCR (2) 613) but it does not support your action.
From India, Mumbai
A. Mallikarjuna
Please provide the Judgement copy for reference.
From India, Mangalore
KK!HR
1530

I was trying to attach the judgment but couldn't upload even after many attempts. However the GT Laad's judgment is available in the net. You can rely on U.P. State Bridge Corporation ... vs U.P. Rajya Setu Nigam ... on 13 February, 2004 where the Supreme Court upheld termination of service for unauthorised absence of 8 days, of course due notice was given in this case. This also you can download from the net. This could be of some help
From India, Mumbai
sensharma1959
33

One cannot terminate the services of an employee for overstaying or absenting for more than 8 days even though such a provision in the Standing Orders. The Supreme Court in case of D K Yadav vs JMA Industries Ltd reported in 1993 (83) FJR 271 has held that principles of natural justice must be read into such Standing Order. Termination of service without opportunity of hearing would be invalid. You may also refer to the judgments of Supreme Court in Scooters India Ltd vs. N Mohd. Yakub reported in 2000 (97) FJR 641/ 2001 LIC 71; Lakshmi Precision Screws Ltd vsRam Bhagat reported in 2002 (101) FJR 398/ 2002 SCC (L&S) 926/ 2002 III LLJ 516.
Thus if you wish to terminate the services of the employee who is absent from duty for more than 8 days without information, you will have to give him an opportunity of hearing.
S. Sensharma
Industrial Law Consultant, Meerut

From India, undefined
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