Dear Seeker,
Your Query : - "Can an employee be terminated if he does not attend enquiry made by hr. In this connection this should also be noted already cases against the employer are running in labour court." Posted 15th March 2015
Position :- Without holding a proper Internal Inquiry / Domestic Inquiry the Services of Employees should not be terminated. Further, the said Inquiry should be conducted in accordance with the Principles of Natural Justice and the Procedures laid down by the Apex Judiciary in this regard from time to time.
The Certified Standing Orders and or the codified Service Rules framed in line with the Shops & Establishments Act and applicable to the concerned Undertakings / Establishments outline / contain Disciplinary Action and step-by-step Procedures to be followed.
Further, in the event, the Charge-sheeted /Delinquent Employee "abstains" from attending Inquiry about which s/he has been adequately intimated or "boycotts" it , the Inquiry Officer or the Inquiry Committee (duly appointed by the Punishing Authority for the purpose of conducting the Inquiry and submit an Inquiry Report) can legally / legitimately "hold the Inquiry Ex-parte" .
Thereafter only and based on the Findings submitted by the Inquiry Officer / Inquiry Committee, the Punishing Authority can Terminate" his /her Service
( Discharging from the Muster Roll) and inform the concerned Employee by a Letter sent by Registered Post at his/her Local & Home Addresses.
May seek any more data if required
Kritarth Consulting Team
27.4.2015