Hello,
I have gone through a number of books of law and journals, but to date, I am not able to find a relevant citation regarding employees who are absconders from a private limited company.
Kindly help me with a relevant or similar circumstance in which an employee absconds from the company without serving a notice period. It will be a great help.
Thanks,
Lovedeep S. Sodhi
Law Officer
Pb & Haryana High Court
From India, Chandigarh
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I have gone through a number of books of law and journals, but to date, I am not able to find a relevant citation regarding employees who are absconders from a private limited company.
Kindly help me with a relevant or similar circumstance in which an employee absconds from the company without serving a notice period. It will be a great help.
Thanks,
Lovedeep S. Sodhi
Law Officer
Pb & Haryana High Court
From India, Chandigarh
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Dear Lovedeep S. Sodhi ji,
What I gathered from your post is that you want to know what action you can take in an 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 follows:
Absconding by an employee means running away from employment without resignation or being long absent without approval/permission/intimation of leave for a long time, in which the chances of resuming work by the employee are remote.
In such circumstances, the legal steps the employer has to take are your question, I suppose.
According to me, the employer has to follow the same procedure as in absenteeism cases. The employee has to be called upon to report for duty and give an explanation for their absence without leave/permission/intimation. An opportunity must be given to the employee by following the principles of natural justice before terminating their services. Conducting an inquiry is a must.
I would like to quote the Honorable Supreme Court in Scooter India Versus Mohd Yaqoob, in which it was specifically held that the employer is bound to comply with the procedure of an inquiry followed by a show-cause notice in case of termination of service due to continuous unapproved absences, even if the standing orders do not contain such a condition.
I remember someone telling me about a very old case in which an absconding employee returned after two years from abroad and claimed reinstatement of employment due to wrongful termination.
In Kendriya Vidyalaya Sangathan v. S. C. Sharma (supra), the Court found that the services of the respondent had been terminated under Rule 19(ii) of the Central Civil Services (Classification, Control, and Appeal) Rules, 1965, on the charge of absconding from duty. The Central Administrative Tribunal held that no material was available with the disciplinary authority that could justify invoking Rule 19(ii), and the order of dismissal could not have been passed without holding a regular inquiry following the prescribed procedure under the Rules.
According to Krishna Kumar Pateria v State of Madhya Pradesh, 2009 LLR 547 (SN), an absence of 4 years and 7 months from duty is enough to justify the penalty of dismissal.
From India, Mumbai
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2636What I gathered from your post is that you want to know what action you can take in an 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 follows:
Absconding by an employee means running away from employment without resignation or being long absent without approval/permission/intimation of leave for a long time, in which the chances of resuming work by the employee are remote.
In such circumstances, the legal steps the employer has to take are your question, I suppose.
According to me, the employer has to follow the same procedure as in absenteeism cases. The employee has to be called upon to report for duty and give an explanation for their absence without leave/permission/intimation. An opportunity must be given to the employee by following the principles of natural justice before terminating their services. Conducting an inquiry is a must.
I would like to quote the Honorable Supreme Court in Scooter India Versus Mohd Yaqoob, in which it was specifically held that the employer is bound to comply with the procedure of an inquiry followed by a show-cause notice in case of termination of service due to continuous unapproved absences, even if the standing orders do not contain such a condition.
I remember someone telling me about a very old case in which an absconding employee returned after two years from abroad and claimed reinstatement of employment due to wrongful termination.
In Kendriya Vidyalaya Sangathan v. S. C. Sharma (supra), the Court found that the services of the respondent had been terminated under Rule 19(ii) of the Central Civil Services (Classification, Control, and Appeal) Rules, 1965, on the charge of absconding from duty. The Central Administrative Tribunal held that no material was available with the disciplinary authority that could justify invoking Rule 19(ii), and the order of dismissal could not have been passed without holding a regular inquiry following the prescribed procedure under the Rules.
According to Krishna Kumar Pateria v State of Madhya Pradesh, 2009 LLR 547 (SN), an absence of 4 years and 7 months from duty is enough to justify the penalty of dismissal.
From India, Mumbai
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Thank you for the concern, Mr. Korgaonkar K A. I have reviewed each judgement, but they are not relevant to my query. I am specifically seeking cases where a Private Limited company has filed a suit against an absconded employee, i.e., a civil suit for recovery.
Regards,
Lovedeep S. Sodhi
Punjab & Haryana High Court
From India, Chandigarh
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Regards,
Lovedeep S. Sodhi
Punjab & Haryana High Court
From India, Chandigarh
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Every one joins a company with hopes of a stable job as per the offer letter.
Only when circumstances create tensions or an employee has personal problems, does he/she leave.
Employees run away from their managers.
HR policy and company work culture can be improved so that employees do not feel the need to run away.
If the exit policy is not restrictive, then he/she will follow the laid-down route, but on the other hand, if he/she is tied down by restrictive clauses/financial clauses, the employee thinks of absconding.
Companies may have their own compulsions for using contracts, etc., to retain employees.
Absconding from employment in private companies is a breach of contract.
The remedy for a breach of contract is a civil suit (Section 73,74 of Contract Act).
With our judicial system being overloaded, results from this legal approach are time-consuming.
Employers may choose to chase employees to have a deterrent effect.
So, most companies resort to sending a legal notice, and some employees do come forward fearing a legal battle and make some compensation.
Considering the practical problems, every company would do well to keep this kind of attrition as part of a 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.](http://forums.immigration.com/threads/tcs-suing-ex-employee-for-breach-of-contract.210699/)
From India, Pune
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Only when circumstances create tensions or an employee has personal problems, does he/she leave.
Employees run away from their managers.
HR policy and company work culture can be improved so that employees do not feel the need to run away.
If the exit policy is not restrictive, then he/she will follow the laid-down route, but on the other hand, if he/she is tied down by restrictive clauses/financial clauses, the employee thinks of absconding.
Companies may have their own compulsions for using contracts, etc., to retain employees.
Absconding from employment in private companies is a breach of contract.
The remedy for a breach of contract is a civil suit (Section 73,74 of Contract Act).
With our judicial system being overloaded, results from this legal approach are time-consuming.
Employers may choose to chase employees to have a deterrent effect.
So, most companies resort to sending a legal notice, and some employees do come forward fearing a legal battle and make some compensation.
Considering the practical problems, every company would do well to keep this kind of attrition as part of a 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.](http://forums.immigration.com/threads/tcs-suing-ex-employee-for-breach-of-contract.210699/)
From India, Pune
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Dear Lovedeep S. Sodhi ji,
You are a Law Officer in HC - Pb & Haryana. If you cannot find any judgment even after searching through each and every judgment, then how can we help you out in this regard?
I am a bit confused about your query. A question comes to my mind: what is the maximum recovery claim any employer can file against an employee in breach of contract? In breach of contract, the 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 spend more money than the claim itself & time and energy too?
Also, one must bear in mind that any dispute or matter arising from an employee-employer relationship is governed by Labour Laws, and the remedy for such matters generally lies not in civil suits.
If you still want a judgment in this regard, it won't be a difficult task for you to obtain a judgment from the court since you are a Law Officer in court.
I have said all the above with my limited knowledge of Law. You are supposed to have more knowledge of Law than everybody.
Thank you.
From India, Mumbai
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You are a Law Officer in HC - Pb & Haryana. If you cannot find any judgment even after searching through each and every judgment, then how can we help you out in this regard?
I am a bit confused about your query. A question comes to my mind: what is the maximum recovery claim any employer can file against an employee in breach of contract? In breach of contract, the 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 spend more money than the claim itself & time and energy too?
Also, one must bear in mind that any dispute or matter arising from an employee-employer relationship is governed by Labour Laws, and the remedy for such matters generally lies not in civil suits.
If you still want a judgment in this regard, it won't be a difficult task for you to obtain a judgment from the court since you are a Law Officer in court.
I have said all the above with my limited knowledge of Law. You are supposed to have more knowledge of Law than everybody.
Thank you.
From India, Mumbai
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Hello Lovedeep S. Sodhi,
Please suggest and explain the actual facts of the case/situation you are facing. This will enable the members to provide their clear views without making any assumptions. As you are aware, every case has its own set of variables that can't or won't be found in other cases.
Also, your query is a bit confusing. Are you looking for any legal judgments, or are you looking for how companies handle such situations (which may not necessarily be legally bound)?
Regards,
TS
From India, Hyderabad
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Please suggest and explain the actual facts of the case/situation you are facing. This will enable the members to provide their clear views without making any assumptions. As you are aware, every case has its own set of variables that can't or won't be found in other cases.
Also, your query is a bit confusing. Are you looking for any legal judgments, or are you looking for how companies handle such situations (which may not necessarily be legally bound)?
Regards,
TS
From India, Hyderabad
Acknowledge(0)Amend(0)
We very often find public notices 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 another side to 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 the currency of the country he is being sent to, as well as information on 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
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From India, New Delhi
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