Long Absence in Factory: Should We Remove an Employee from the Muster Roll?

If any employee in a factory remains on long absence on grounds of sickness or otherwise and doesn't report for duty even after 4-5 months, what should the management do? Should they continue to keep his name on the Muster Roll, or should we send a letter for his name removal from the Muster Roll and implement the same accordingly?

Please guide me with your authentic opinion.

Removal of a workman's name from the muster roll

Removal of the name of a workman from the muster roll or attendance register beyond a certain specified number of days of absence was already held to be retrenchment by the Apex Court in Delhi Cloth & General Mills Ltd v. Shambunath Mukharjee [1978(1)LLJ 1], notwithstanding the existence of such an enabling provision in the Standing Orders or service regulations.

Therefore, you have to initiate formal disciplinary action against the employee for his long unauthorized absence, and if found guilty, you may terminate his services.

First of all, is there any provision in the applicable rules (Read Standing Orders for Workmen Category) for striking off the name? Even if it is there, mere absence alone will not suffice. You will have to give him the opportunity to explain his absence. If he is unable to satisfactorily explain the absence, then only action can be initiated. Before drawing the presumption of abandonment, you must specifically inform or warn the employee about drawing the presumption due to long absence. Unless all these requirements are met, the courts will not hesitate to conclude that your action is illegal retrenchment, entailing the consequences it can lead to.