Hi VK,
You have raised very valid and vital questions. Probably your queries would be satisfied by the following clarifications:
1) In case of termination in the unauthorized absence, as a misconduct, there arises no question in asking for a notice pay by the management. The question of notice pay arises only when the employee desires to resign voluntarily or the management on its own desires to terminate his/her services. Here it is a case of termination as a matter of punishment.
2) As discussded in (1) above, since termination in this case will not be voluntary on the part of the management, but being on account of misconduct on the part of the employee, no notice pay becomes due to be paid or any relieving letter becomes due to be issued to the employee on the part of the employer. Relieving letter becomes due on retirement or on resignation by the employee.
3) The termination letter, itself, contains the reason for termination on account of misconduct along with justification for that action, so that itself would become a termination cum relieving letter for the employee.
4) Irrespective of termination on whatever reason, the employee has the right to ask for the service certificate, as he/she has rendered service to the organization. There is no reason for not issuing a certificate of service, if demanded by the employee. The management, however, can make a mention in that certificate the reason for termination of service of the employee.
PS Dhingra
Management & Vigilance Consultant
Dhingra Group of Consultants
New Delhi
09968076381
[dcgroup1962@gmail.com]