Absconding employee

shrikant (Querist) 10 May 2016 This query is : Resolved
Respected Learned Members
In MSEDCL a public limited company,one Assistant Engineer abscond from the duties without any intimation to the employer in year 2011.The employer ie MSEDCL is fails to take any action against the absconding employee such as Show cause notice,Dismissal,Issuing Charge sheet,Termination etc.The absconding employee is still is on payroll of Employer only Status- payment Stop.Now the absconding employee appears in year 2016 ie after 5 years and claim employment.the question is whether absconding employee is entitle for employment,what about back wages? Thanks in advance. The urgent reply will be Highly appritiate

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Kumar Doab (Expert) 10 May 2016
What is the opinion of your own legal cell?

Is this employee member of internal unions?

Has union taken up the matter?

The establishment may engage an able counsel specializing in labor-service matters.

Rajendra K Goyal (Expert) 10 May 2016
Discuss with your legal adviser, company can afford.

shrikant (Querist) 11 May 2016
Sir,
Require your valuable opinion

Sudhir Kumar, Advocate (Expert) 16 May 2016
He has not been dismissed or terminated ex-parte so it is fault of the PSU. He can claim job whether he is member of union or not.

since he was not on duty in the past days of absence and no leave sanction he cannot claim wages.