Service law

shrikant (Querist) 16 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) 16 May 2016
The query was also posted at:

http://www.lawyersclubindia.com/experts/Absconding-Employee-597971.asp#.VznFqzV97IU

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.

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