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.
Industrial Law Consultant, Meerut 4th October 2018 From India, undefined