Dear Ranjeet,
The management is the supreme authority. The Enquiry Officer might have come up with his judgement but the same may be changed due to any outside influence. If the management is willing to take the accused back in service why should we the HR object to it? Why should we the HR become another Roy J George?
Now present a paper before the same management whether the days of his absence right from his suspension/ days of disciplinary action etc be treated as leave without pay and regularise the service or should his rejoining be treated as new appointment? If the management says that you can put the days as LOP and continue his service, you need only to get a joining report as is required for an employee "resuming duty after long leave". There will not be any change in PF Number and ESI (if applicable). If he should be treated as new joinee, then all formalities required for new joinee will have to be completed.
In your case associated with Security Personnel who was given training in a foreign country, you have to be more concerned. This is because, though employment bond is invalid, an employer is competent to recover any training cost incurred by him. Therefore, if he doesnot turn up, you have to send follow up the matter and send a legal notice calling on him to comply with the terms of the bond.
Regards,
Madhu.T.K
The management is the supreme authority. The Enquiry Officer might have come up with his judgement but the same may be changed due to any outside influence. If the management is willing to take the accused back in service why should we the HR object to it? Why should we the HR become another Roy J George?
Now present a paper before the same management whether the days of his absence right from his suspension/ days of disciplinary action etc be treated as leave without pay and regularise the service or should his rejoining be treated as new appointment? If the management says that you can put the days as LOP and continue his service, you need only to get a joining report as is required for an employee "resuming duty after long leave". There will not be any change in PF Number and ESI (if applicable). If he should be treated as new joinee, then all formalities required for new joinee will have to be completed.
In your case associated with Security Personnel who was given training in a foreign country, you have to be more concerned. This is because, though employment bond is invalid, an employer is competent to recover any training cost incurred by him. Therefore, if he doesnot turn up, you have to send follow up the matter and send a legal notice calling on him to comply with the terms of the bond.
Regards,
Madhu.T.K