About Termination Of Employee

Dear Seniors,
One of our employee absent more than 10 days without any intimation to superior , we have sent a letter to his permanent address, but no reply, then the employer can hold the salary and one more thing if that employee come back after 30 days then he is entitled to pending salary.
Thanks
Cp Singh

Dear APARNA,
Straight termination of employment on the ground of unauthorised absence or absconding, without holding a domestic enquiry or affording a reasonable opportunity to the delinquent employee tantamounts to retrechment, even though it is thus provided in the appointment orders or service regulations of the establishment. Any retrenchment thus effected without complying with the provisions of Sec.25F of the Industrial Disputes Act,1947 is illegal. At the same time termination on disciplinary grounds is not retrenchment. Therefore, unauthorized absence or absconding is a misconduct which can be punished only after following the procedural disciplinary action. Pl. refer the judgment of the Supreme Court in DCM Ltd., v Shambunath Mukharjee (1978.LLJ) for further details.

At first, send the absenting employee a show cause notice to be replied within a specific period. Also make sure, if he is not seriously ill or have not met with any accident. However, if the management on his reply is not satisfied, take disciplinary action as per the provisions of CSO, if any exists, otherwise, terminate him after giving cogent reason for termination.

If one company senior terminate a staff on the monday morning without giving any notice period. Then what about his salary for next month. now he asking salary through mail to HR dept. what will hr can do?
After 10 days his senior send the staff RESIGNATION & no due letter.