Hello,
I have gone through Number of books of law and journals but till date i am not able to find a relevant citation regarding the employee who are absconders from a private ltd. company.
So kindly help me with a relevant or kind of circumstances in which the employee absconds from the companay without serving a notice period. It will be a great help.
Thanks
Lovedeep S. Sodhi
Law Officer
Pb & Haryana High Court
From India, Chandigarh
I have gone through Number of books of law and journals but till date i am not able to find a relevant citation regarding the employee who are absconders from a private ltd. company.
So kindly help me with a relevant or kind of circumstances in which the employee absconds from the companay without serving a notice period. It will be a great help.
Thanks
Lovedeep S. Sodhi
Law Officer
Pb & Haryana High Court
From India, Chandigarh
Dear Lovedeep S. Sodhi ji,
What I gathered from your post is, you want to know what action you can take in absconding case.
You are a Law Officer in HC - Pb & Haryana. I am not that big to give you an answer to your big query. I am a contributory member of this forum and I would like to participate in this discussion. Kindly pardon me if I am wrong in the discussion.
My view / submission to your query is as under:
Absconding by employee means running away by employee from employment with out resignation or long absentism with out approval / permission / intimation of leave for long time in which chances of resuming to work by him are remote.
In such circumstances what legal steps the employer has to take is your question, I suppose.
According to me, the employer has to follow the same procedure which is followed in absentism cases. The employee has to be called upon to report duty and give an explanation on his absent without leave / permission / intimation. An opportunity to be given to him by following principal of natural justice before terminating his services. Conducting enquiry is must.
I would like to quote Hon'ble Supreme Court in Scooter India Versus Mohd Yaqoob in which it was specifically held that the employer is bound to comply the procedure of enquiry followed show cause notice in case he terminate the service on account of absenting continuously with out information, even if the standing orders contains such condition or not.
I remember some one telling me a very old case in which absconding employee coming back after two years from abroad and claiming reinstatement of employment on wrongful termination.
In Kendriya Vidyalaya Sangathan v. S. C. Sharma (supra), the Court found that the services of the respondent had been terminated under Rule19(ii) of the Central Civil Services (Classification, Control and Appeal)Rules, 1965 on the charge that he was absconding from duty. The Central Administrative Tribunal held that no material was available with the disciplinary authority which could justify invoking of Rule 19(ii) and the order of dismissal could not have been passed without holding regular inquiry in accordance with the procedure prescribed under the Rules.
According to Krishna Kumar Pateria v State of Madhya Pradesh, 2009 LLR 547 (SN), absence of 4 years and 7 months from duty is enough to justify penalty of dismissal.
From India, Mumbai
2555What I gathered from your post is, you want to know what action you can take in absconding case.
You are a Law Officer in HC - Pb & Haryana. I am not that big to give you an answer to your big query. I am a contributory member of this forum and I would like to participate in this discussion. Kindly pardon me if I am wrong in the discussion.
My view / submission to your query is as under:
Absconding by employee means running away by employee from employment with out resignation or long absentism with out approval / permission / intimation of leave for long time in which chances of resuming to work by him are remote.
In such circumstances what legal steps the employer has to take is your question, I suppose.
According to me, the employer has to follow the same procedure which is followed in absentism cases. The employee has to be called upon to report duty and give an explanation on his absent without leave / permission / intimation. An opportunity to be given to him by following principal of natural justice before terminating his services. Conducting enquiry is must.
I would like to quote Hon'ble Supreme Court in Scooter India Versus Mohd Yaqoob in which it was specifically held that the employer is bound to comply the procedure of enquiry followed show cause notice in case he terminate the service on account of absenting continuously with out information, even if the standing orders contains such condition or not.
I remember some one telling me a very old case in which absconding employee coming back after two years from abroad and claiming reinstatement of employment on wrongful termination.
In Kendriya Vidyalaya Sangathan v. S. C. Sharma (supra), the Court found that the services of the respondent had been terminated under Rule19(ii) of the Central Civil Services (Classification, Control and Appeal)Rules, 1965 on the charge that he was absconding from duty. The Central Administrative Tribunal held that no material was available with the disciplinary authority which could justify invoking of Rule 19(ii) and the order of dismissal could not have been passed without holding regular inquiry in accordance with the procedure prescribed under the Rules.
According to Krishna Kumar Pateria v State of Madhya Pradesh, 2009 LLR 547 (SN), absence of 4 years and 7 months from duty is enough to justify penalty of dismissal.
From India, Mumbai
Thanks for the concern Mr. korgaonkar K A.
I have gone through each and every judgement, but they are not related to my query.
As, what i am looking for the cases in which the Pvt. Ltd company has filed a suit against absconded employee i.e., A civil Suit for Recovery.
Regards,
Lovedeep S. Sodhi
Pb & Haryana High Court
From India, Chandigarh
I have gone through each and every judgement, but they are not related to my query.
As, what i am looking for the cases in which the Pvt. Ltd company has filed a suit against absconded employee i.e., A civil Suit for Recovery.
Regards,
Lovedeep S. Sodhi
Pb & Haryana High Court
From India, Chandigarh
Every one joins a company with hopes of stable job as per offer letter.
Only when circumstances create tensions or employee has personal problems,doe he/she leave.
Employees run away from their managers.
HR policy and company work culture can be improved so that employee do not feel the need to run away.
If exit policy is not restrictive,then he/she will follow the laid down route,but on the other hand he/she is tied down by restrictive clauses/financial clauses doe s the employee think of absconding.
Companies may have own compulsions of using contracts etc to retain employees.
Absconding from employment in private companies is breach of contract.
Remedy for breach of contract is civil suit.(Section 73,74 of Contract Act)
With our judicial system being over loaded,results from this legal approach are time consuming.
Employers may choose to chase employees to give deterrent effect.
So most companies resort ot sending legal notice and some employees do come forward fearing legal battle and make some compensation.
Considering the practical problems,every company would well keep this kind of attrition as part of contingency plan and operate accordingly.
some links :
TCS suing ex-employee for breach of contract | US Immigration forums hosted by the Law offices of Rajiv S. Khanna, PC for the community. We take no responsibility for the information presented here.
From India, Pune
Only when circumstances create tensions or employee has personal problems,doe he/she leave.
Employees run away from their managers.
HR policy and company work culture can be improved so that employee do not feel the need to run away.
If exit policy is not restrictive,then he/she will follow the laid down route,but on the other hand he/she is tied down by restrictive clauses/financial clauses doe s the employee think of absconding.
Companies may have own compulsions of using contracts etc to retain employees.
Absconding from employment in private companies is breach of contract.
Remedy for breach of contract is civil suit.(Section 73,74 of Contract Act)
With our judicial system being over loaded,results from this legal approach are time consuming.
Employers may choose to chase employees to give deterrent effect.
So most companies resort ot sending legal notice and some employees do come forward fearing legal battle and make some compensation.
Considering the practical problems,every company would well keep this kind of attrition as part of contingency plan and operate accordingly.
some links :
TCS suing ex-employee for breach of contract | US Immigration forums hosted by the Law offices of Rajiv S. Khanna, PC for the community. We take no responsibility for the information presented here.
From India, Pune
Dear Lovedeep S. Sodhi ji,
You are a Law Officer in HC - Pb & Haryana. If you can not find any judgment even after searching through each and every judgment, then how we can help you out in this regards?
I am bit confused on your query. A question comes to my mind here what maximum recovery claim any employer can file against an employee in breach of contract. In breach of contract maximum salary of three months towards notice pay would be how much? Which prudent employer will go for litigation of such recovery in civil court and spent money more than claim on it & time, energy too?
Also, one must bear in mind that any dispute or matter out of employee-employer relationship govern under Labour Laws and remedy on such matters lies with not in civil suits, generally.
If you still want a judgment in this regards, it won't be a difficult task for you to bring judgment from court since you are a Law Officer in court.
I have said all the above with my limited knowledge on Law. You are suppose to have more knowledge on Law than every body.
From India, Mumbai
You are a Law Officer in HC - Pb & Haryana. If you can not find any judgment even after searching through each and every judgment, then how we can help you out in this regards?
I am bit confused on your query. A question comes to my mind here what maximum recovery claim any employer can file against an employee in breach of contract. In breach of contract maximum salary of three months towards notice pay would be how much? Which prudent employer will go for litigation of such recovery in civil court and spent money more than claim on it & time, energy too?
Also, one must bear in mind that any dispute or matter out of employee-employer relationship govern under Labour Laws and remedy on such matters lies with not in civil suits, generally.
If you still want a judgment in this regards, it won't be a difficult task for you to bring judgment from court since you are a Law Officer in court.
I have said all the above with my limited knowledge on Law. You are suppose to have more knowledge on Law than every body.
From India, Mumbai
Hello Lovedeep S. Sodhi,
Suggest explain the ACTUAL facts of the case/situation you are facing.
That will enable the members to give their clear views without making any assumptions.....as you would be aware every case has it's own set of variables that can't/won't be found in other cases.
And also, your query is a bit confusing. Are you looking for any Legal Judgements OR are you looking for HOW Companies handle such situations [need not necessarily be legally].
Rgds,
TS
From India, Hyderabad
Suggest explain the ACTUAL facts of the case/situation you are facing.
That will enable the members to give their clear views without making any assumptions.....as you would be aware every case has it's own set of variables that can't/won't be found in other cases.
And also, your query is a bit confusing. Are you looking for any Legal Judgements OR are you looking for HOW Companies handle such situations [need not necessarily be legally].
Rgds,
TS
From India, Hyderabad
We very often find public notice in newspapers , especially from IT companies , that such and such staff working for the company and sent on posting to some country (usually a developed country) has been absconding and is being warned that legal action would be initiated unless he reports by a specified date.In reality such employees after reaching the client country find greener pastures and simply desert their employer.Although this is a breach of trust there is other side of the coin.The Indian company pays them much less than what they would have to pay for an equivalent worker who is a citizen of that country.This was one of the facts in the now famous Khobragade's case.Hence I feel that complete transparency on the part of the employer is what is needed.The employee must know very clearly what his wages would be in terms of currency of the country he is being sent as also information of market rates of essential commodities in that country.But....this is perhaps too idealistic and we are not living in Ram rajya !
From India, New Delhi
From India, New Delhi
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