Payment of wages in absent period

sree 9491505984 (Querist) 13 June 2013 This query is : Resolved
Hi all,

Please advise me:
My friend is having a manufacturing industry. Recently he transfered one of his workmen to other place but the work man didnot join there and filed a case in the labour court that there is oral order of termination. asking for reinstatement and backwages. Infact my friend didnot terminated him, now question is should the workmen paid for absent period? Was there any judgemts previously on oral termination? Please reply me.

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ajay sethi (Expert) 13 June 2013
manufacturer can afford legal fees

Rajendra K Goyal (Expert) 13 June 2013
Transfer order was in writing or not? whether signed by the employee or not? Bring all the facts before the labor Officer better through a lawyer or otherwise.

sree 9491505984 (Querist) 14 June 2013
Thanks for the reply by experts..Please say something on the questions...should the workmen paid for absent(abscond) period? Was there any judgemts previously on oral termination?

Guest (Expert) 14 June 2013
If everything is on verbal orders, the worker can represent his case the labour office in any manner he wants. Certain formalities were necessary to be observed in regard to treating the period as unauthorised absence.

But, iIf the transfer order was in writing, the manufacturing concern issued formal notice of absence to the worker, he has explained about his absence in reply to the notice, and after going through the notice your friend has issued any formal order for treating the period of his non-joining as unauthorised absence only then he would not need to pay for the period of absence.

Now all that depends upon how and with what support/ evidence your friend is able to defend his case in the labour office.

Raj Kumar Makkad (Expert) 15 June 2013
I do agree with Dhingra g.

Sudhir Kumar, Advocate (Expert) 16 June 2013
More than necessary material has been given to workman. You have issued no transfer order and are not taking him on duty so he can argue to have been terminated

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