Hello SK Limaye,
I think you got the basis of my suggestion 'WRONG'.
Pl note that IF the employee REALLY had any GENUINE/REASONABLE/JUSTIFIABLE grounds to extend his leave, he would SURELY have mentioned in his emails--ISN'T IT?
So obviously, he is up to something, that he DOESN'T want to reveal. WHAT I MEANT WAS to tap/get/source this info--which would make the Termination Process/case stronger w.r.t. the Company's interest.
Rgds,
TS
From India, Hyderabad
1637I think you got the basis of my suggestion 'WRONG'.
Pl note that IF the employee REALLY had any GENUINE/REASONABLE/JUSTIFIABLE grounds to extend his leave, he would SURELY have mentioned in his emails--ISN'T IT?
So obviously, he is up to something, that he DOESN'T want to reveal. WHAT I MEANT WAS to tap/get/source this info--which would make the Termination Process/case stronger w.r.t. the Company's interest.
Rgds,
TS
From India, Hyderabad
Dear All,
Delhi High Court in Amarjeet Singh Vs Management of National Thermal Power Corp. Ltd (2013 LLR 121) is a fit case for termination of service. There is no doubt.
But, a given case by Shri. Kamaldeep ji is not a fit case for termination.
I wish to draw your attention to provisions under S.O. According to it, in case of overstay of leave originally granted, an employee is liable to lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave, and (b) explains to the satisfaction of the employer his inability to return before the expiry of his leave. He is also entitled to be kept on the wait list / badli list.
I also wish to draw your kind attention to Supreme Court Judgement in Uptron India v. Shammi Bhan in which it has been laid down that where particular SO provided that the services of an employee who overstays the leave would be treated to have been automatically terminated, would be bad as violative of article 14, 16 and 21 of the constitution. It was further held that if any action is taken on the basis of such a rule without giving him an opportunity of hearing, it would be wholly unjust, arbitrary and unfair.
From India, Mumbai
Delhi High Court in Amarjeet Singh Vs Management of National Thermal Power Corp. Ltd (2013 LLR 121) is a fit case for termination of service. There is no doubt.
But, a given case by Shri. Kamaldeep ji is not a fit case for termination.
I wish to draw your attention to provisions under S.O. According to it, in case of overstay of leave originally granted, an employee is liable to lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave, and (b) explains to the satisfaction of the employer his inability to return before the expiry of his leave. He is also entitled to be kept on the wait list / badli list.
I also wish to draw your kind attention to Supreme Court Judgement in Uptron India v. Shammi Bhan in which it has been laid down that where particular SO provided that the services of an employee who overstays the leave would be treated to have been automatically terminated, would be bad as violative of article 14, 16 and 21 of the constitution. It was further held that if any action is taken on the basis of such a rule without giving him an opportunity of hearing, it would be wholly unjust, arbitrary and unfair.
From India, Mumbai
Hi Mr Poriya and all dear contributors,
I alongwith most of the contributors agree with the opinion given Mr Madhu, Sr Membeer-Moderator. However I would with due respect to everyone just add the following:-
A letter is first to be sent by Registered AD post or Speed Post to the absenting employee directing him to report for duty immediately within 24 hours of the receipt of the letter. Watch for the acknowledgment of your letter sent by post. In case the letter is received by the employee then there would be two situations (1) either the employee will resume duties, or (2) the employee may again send a letter giving reasons for his inability to resumen duties. In such a situation the extesnion of leave is to be refused and a show cause notice for termination of employment sheould be issued and further action be taken on sequence of developments.
There may be another situ
From India, New Delhi
I alongwith most of the contributors agree with the opinion given Mr Madhu, Sr Membeer-Moderator. However I would with due respect to everyone just add the following:-
A letter is first to be sent by Registered AD post or Speed Post to the absenting employee directing him to report for duty immediately within 24 hours of the receipt of the letter. Watch for the acknowledgment of your letter sent by post. In case the letter is received by the employee then there would be two situations (1) either the employee will resume duties, or (2) the employee may again send a letter giving reasons for his inability to resumen duties. In such a situation the extesnion of leave is to be refused and a show cause notice for termination of employment sheould be issued and further action be taken on sequence of developments.
There may be another situ
From India, New Delhi
In continuation to my above note which got posted incomplete:
There may be another situation that the letter is returned undelivered with some remarks of the postal authorities. Whatever be the remarks, then in such a case a notice may be published in the local newspaper and one national newspaper giving the details his absence and notice of initiating departmental inquiry. The departmental inquiry may be initiated as per schedule. If the employee wishes to report to duty after publicaton of notice of inquiry he should not be taken on duty but directed to go through the inquiry proceedings. Final action would be taken on the report of the Inquiry Officer by an authority competent to impose punsihment on the employee. The punishment may be any major punishment including the termination of employment.
There may be another aspect of this case which is not clarified in the question by Mr Poriya. This relates to the status of post held by the employee i.e. whether he is a temporary employee or a permanent employee. What are the terms of appointment and terms of service offered to the employee. This aspect also deserves consideration. Action should be taken in accordance with the terms and conditions of service and disciplinary rules of the organization.
With due regards.
Srivastava C.M. Lal
From India, New Delhi
There may be another situation that the letter is returned undelivered with some remarks of the postal authorities. Whatever be the remarks, then in such a case a notice may be published in the local newspaper and one national newspaper giving the details his absence and notice of initiating departmental inquiry. The departmental inquiry may be initiated as per schedule. If the employee wishes to report to duty after publicaton of notice of inquiry he should not be taken on duty but directed to go through the inquiry proceedings. Final action would be taken on the report of the Inquiry Officer by an authority competent to impose punsihment on the employee. The punishment may be any major punishment including the termination of employment.
There may be another aspect of this case which is not clarified in the question by Mr Poriya. This relates to the status of post held by the employee i.e. whether he is a temporary employee or a permanent employee. What are the terms of appointment and terms of service offered to the employee. This aspect also deserves consideration. Action should be taken in accordance with the terms and conditions of service and disciplinary rules of the organization.
With due regards.
Srivastava C.M. Lal
From India, New Delhi
Hi Kamaldeep Poriya,
It looks that your employee has secured another job to join immediately.
To avoid serving notice period, he must be paying this trick.
He also wants to get paid his 7days EL which he will not get if the notice period is not served.
He must be thinking to resign by creating unusual scenario once his salary for 7 days gets credited.
In this situation, he also gets his experience letter and other settlement etc.,
Please don`t credit his salary for 7 days.
Depute a person directly to his house to find out the reality.
If he is really in trouble please help him to overcome.
If he is trying to fool you then please follow the seniors suggestions.
Regards,
Rathna
From India, Bangalore
It looks that your employee has secured another job to join immediately.
To avoid serving notice period, he must be paying this trick.
He also wants to get paid his 7days EL which he will not get if the notice period is not served.
He must be thinking to resign by creating unusual scenario once his salary for 7 days gets credited.
In this situation, he also gets his experience letter and other settlement etc.,
Please don`t credit his salary for 7 days.
Depute a person directly to his house to find out the reality.
If he is really in trouble please help him to overcome.
If he is trying to fool you then please follow the seniors suggestions.
Regards,
Rathna
From India, Bangalore
Dear
Following things must be ensured
(1) You have to ensure that the notice must be served to the defaulter.
(2) After receving acknowledgment of the notice, the indivudal has turned out you must appoint an enquiry officer with terms of referance. He has to conduct an enquiry and he should provide ample opportunity to the defaulter to present his case. According to the out come of the disciplinary action report you can take a decision which will be valid at any court of law.
rgds
MS Lenin
From India, Thiruvananthapuram
Following things must be ensured
(1) You have to ensure that the notice must be served to the defaulter.
(2) After receving acknowledgment of the notice, the indivudal has turned out you must appoint an enquiry officer with terms of referance. He has to conduct an enquiry and he should provide ample opportunity to the defaulter to present his case. According to the out come of the disciplinary action report you can take a decision which will be valid at any court of law.
rgds
MS Lenin
From India, Thiruvananthapuram
dear kamal deep
you have a very clear guide line as given by mr. dixit and madhu, ts, Haragopal and mr. MANJUNATH G.K.
i have some more input for your information that a employee can not take leave as a right except medical leave.
medical leave is separate matter.
kindly go through all the aspects
regards
ramesh kumar panchal
From India, New Delhi
you have a very clear guide line as given by mr. dixit and madhu, ts, Haragopal and mr. MANJUNATH G.K.
i have some more input for your information that a employee can not take leave as a right except medical leave.
medical leave is separate matter.
kindly go through all the aspects
regards
ramesh kumar panchal
From India, New Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Company Profile.ppt
Company Profile Letter - Global Risk Management Services.pdf