Reg: absconding from work

Whereas, the Company hired the services as per the terms, conditions and stipulations mentioned therein. And whereas, the said terms, conditions and stipulations were accepted and in response thereof,  the duty was resumed. However, it has been reported that the said employee has absented himself without prior written permission of the competent authority. It was presumed by the Company that "there must have been a 'reasonable cause' with the employee, and therefore, a notice was issued for resumption of duty". (State, if so issued); However, it further appears that no satisfactory reply whatsoever has been received by the Company explaining the "reasonable cause to remain absent".

Under the circumstances, remaining absent without reporting, or seeking prior permission to justify absence for inordinate period, amounts to breach of discipline and falling within the definition of misconduct. It is finallly ordered to resume the duty within 48 hours, failing which appropriate disciplinary actions will be taken against you for misconduct. 

It is not clarified as to who is the employer. Whether it is a Company incorporated under the Indian Companies Act, or any local self Government, Semi Government, or Government Department. Every institution has its own set of Disciplinary rules. In case, the management is falling within the defintion of industry, normally, such management has its own "Standing Orders" duly certified and notified under the Industrial Employment (Standing Orders) Act, 1946. If the standing orders of the industry are not certified and notified, the model standing orders will prevail. 

If the model standing orders prevail, just go through the same, where the misconduct is listed. The employer can proceed and contemplate the actions onlly, if the particular act of the employee is falling within the meaning and definition of misconduct. Here, remaining absent without prior permission amounts to misconduct as interpreted by various courts including Apex Court. 

Then comes a proble in relation to procedure. The inquiry has to be conducted in accordance with the set procedure prescribed in this behalf, and if not prescribed as per model standing orders, or principles of natural justice. At every stage, the employee has to be provided with reasonable and proper opportunity to defend. If he does not remain present, then ex parte inquiry is permissible. 

Whereas, the Company hired the services as per the terms, conditions and stipulations mentioned therein. And whereas, the said terms, conditions and stipulations were accepted and in response thereof,  the duty was resumed. However, it has been reported that the said employee has absented himself without prior written permission of the competent authority. It was presumed by the Company that "there must have been a 'reasonable cause' with the employee, and therefore, a notice was issued for resumption of duty". (State, if so issued); However, it further appears that no satisfactory reply whatsoever has been received by the Company explaining the "reasonable cause to remain absent".

Under the circumstances, remaining absent without reporting, or seeking prior permission to justify absence for inordinate period, amounts to breach of discipline and falling within the definition of misconduct. It is finallly ordered to resume the duty within 48 hours, failing which appropriate disciplinary actions will be taken against you for misconduct. 

It is not clarified as to who is the employer. Whether it is a Company incorporated under the Indian Companies Act, or any local self Government, Semi Government, or Government Department. Every institution has its own set of Disciplinary rules. In case, the management is falling within the defintion of industry, normally, such management has its own "Standing Orders" duly certified and notified under the Industrial Employment (Standing Orders) Act, 1946. If the standing orders of the industry are not certified and notified, the model standing orders will prevail. 

If the model standing orders prevail, just go through the same, where the misconduct is listed. The employer can proceed and contemplate the actions onlly, if the particular act of the employee is falling within the meaning and definition of misconduct. Here, remaining absent without prior permission amounts to misconduct as interpreted by various courts including Apex Court. 

Then comes a proble in relation to procedure. The inquiry has to be conducted in accordance with the set procedure prescribed in this behalf, and if not prescribed as per model standing orders, or principles of natural justice. At every stage, the employee has to be provided with reasonable and proper opportunity to defend. If he does not remain present, then ex parte inquiry is permissible. 

Such like advise cannot be made on net. Each chargesheet is a project in itself and need study of minute facts.

Shri sudhir Kumar is right. Pranesh would always take the advise as model and make a complete sense while incorporating the facts of the case.