Dear colleague,
You may do the following:
1. Withdraw the termination letter and ask the person to report for duty.
2 keep proper charge sheet cum suspension pending further action ready and issue it on the day of her reporting for duty. Give 48 hours to reply to the charge sheet. Mention that Subsistence Allowance during the pendency of enquiry will be paid as per law.
3 After 48/hours issue letter of enquiry giving place , date/time of the enquiry and the name of the enquiry officer.
4 Conduct legal and proper enquiry till its end by experienced and legally well trained person . Your Management Representative also has to be experienced and well versed in law.
4. After receipt of the Enquiry findings report issue show cause letter as to why her services should not be terminated.
5 Issue the letter of termination.
It is likely that the employee may not report for duty, may refuse to receive any communication , will not attend enquiry.
In this case, send all communication by registered a.d and conduct the enquiry ex- parte
What I have stated above is broad outline of the action plan and you have to take guidance from local labour lawyer at every stage and every unfolding sequence of events.
Regards,
Vinayak Nagarkar
HR- Consutant