The employee should have:
--continued to submit leave application.
--should have complained to good offices of appointing authority, MD, with a copy to Head-HR that his reporting authority has ordered him to resign and thus give up his employment on dated by making a phone call from phone number.....at his phone number.........while he was on leave due to his marriage.
Marriage is such an occasion many of the employees would feel like extending the leave. However employee should adhere to leave rules.Let the manager decline to sanction the leave application in writing. Usually the manager shall resort to verbal mode of communication on his own or under instructions.
In all probabilities manager's report is filed in personnel file of the employee and employee is diclared absent/absconding.
Employee can request the good offices to allow him to examine his personnel file kept at HO.
Company might have mentioned in appointment letter, standing orders termination can be caused in case of prolonged absence.
Some of the employees have tried by becoming member of FMRAI ( MR has to recommend) and invoke ID.
In all probabilities company won't take back the employee. Employee can negotiate to tender notice of resignation( avoid abrupt termination or company shall deduct notice pay) and positive issuance of acceptance of resignation,work experience/service certificate/relieving letter without any adverse comments, positive reference check,form 16,FNF settlement and payment of dues, PF number, attested copies of PF withdrawal/transfer forms. Both parties shall be at peace and avoid litigation.
