Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Hr And Soft Skills
Sr.manager - Hr&admin

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one staff working in hospital as a sweeper leaves the job saying she wont come from tomorrow, as an employeer we had not removed her from duty she herself left as she did not want to di her duties where we wanted to allocate her.
After few days she goes to court and files a complain through labour court to take her back to job. But question here is we had not removed her.
In such case what should we do, she had filed as per act 1947 section-10 (1)
kindly suggest what to do in such case, what actions we can take

Dear friend,
Your narrative seems to lack essential details leading to the individual dispute by the woman employee in the Labor Court.
In the first place, the employee could not have approached the Labor Court straight away without exhausting the initial process of raising the dispute before the Conciliation Officer u/s 2-A(1) of the Industrial Disputes Act,1947. If so, whether you participated in the proceedings before the Officer and filed any counter statement setting forth what actually happened as you have described or you simply ignored to attend the proceedings? In the former case, you could have suggested offering her reemployment with continuity of service but without back wages as she left on her own. Had you simply failed to attend the proceedings even without any reply to the complaint by the employee, in the absence of documentary evidence like appointment letter, resignation, relieving orders etc., whatever defence you take now before the Court would water down. In my opinion it is wise for the hospital to come forward before the Court to take her back without back wages and try to get a consent award. Better consult your advocate.

Added to the above points, you should have started the disciplinary process by serving a warning letter that she stopped coming to work abruptly without any proper information in writing. If this letter has been served through RPAD this could have been presented before the conciliation officer. There is no denial of employment from the employer side and employee under her own obligation left without information.

Dear colleague,
What documentary proof you have in support of your say that she left the job of her own will?
Did she submit a letter of resignation and whether you accepted her resignation in writing?
In matters of termination of the employment, no verbal say is acceptable. Now that you are facing the industrial dispute on account of your apparent lack of knowledge and negligence, follow the advice of Mr Umakanthan sir.
Vinayak Nagarkar

In addition to the above points, there is a possibility to mark her absence as 'Unauthorised leave' for the days when she has not signed the muster roll or punched her attendance. But, there needs to be an internal disciplining process surrounding that leave, as others have mentioned. This leave will be considered 'leave without pay'.
A MOOC sponsored by CEC (MHRD), free PG Certificate Course

You should have taken a written letter of resignation from the employee or given notice of absenteeism to cover your position. Now there is only oral communication, it is not valid in a court and therefore you may try to settle the case by explaining in the court the actual facts
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