Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy

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Anonymous
If any employee in a Factory remains on long absence on ground of sickness or otherwise, doesn't report for duty even after 4-5 months, what should the Management do, whether to continue to keep his name on Muster Roll or should we send a letter for his name removal from the Muster Roll and implement the same accordingly. Please guide me with your authentic opinion.
From India, Bangalore
Dear Annony Wh0 is this employee -which category ?workman/staff/executive/manager etc. ? Standing orders provisions are applicable to you? Shailesh Parikh 99 98 97 10 65 Gujarat
From India, Mumbai
Removal of name of a workman from muster roll or attendance register beyond certain specified no of days of absence was already held to be retrenchment by the Apex Court in Delhi Cloth & General Mills Ltd v. Shambunath Mukharjee [ 1978(1)LLJ 1] notwithstanding the existence of such an enabling provision in the Standing Orders or service regulations.
Therefore, you have to initiate formal disciplinary action against the employee for his long unauthorised absence and if found guilty, you may terminate his services.

From India, Salem
First of all, is there any provision in the applicable Rules (Read Standing Orders for Workmen Category) for striking off the name. Even if it is there, mere absence alone will not do, you will have to give him the opportunity to explain his absence and if he is unable to satisfactorily explain the absence then only action can be initiated. Before drawing the presumption of abandonment you will have to specifically inform/warn the employee of drawing the presumption on account of long absence. Unless all these requirements are met, the Courts will not hesitate to conclude your action as illegal retrenchment entailing the consequences it can lead to.
From India, Mumbai
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