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Pushpa   29 June 2018

Company refused to allow me to join back after a long leave

Was working in a PSU. took a long leave (around 7 months) because mother was ill..appeared for a few exams during the period...reported back after mother's health was recovering...after dilly-dallying for 3 4 months, company refused to allow my joining...later, i resigned since i got selected, they are asking for 3 months salary in lieu of notice question : Is it legal on the behalf of the company to keep in doldrums (without pay, without work ) for 4 odd months after i had expressed my desire to join back? When i was not working, is it right for them to ask for 3 months salary since they themselves are not allowing me to serve the notice period?



 8 Replies

Pradipta Nath (Advocate)     29 June 2018

I believe you have informed the organzation on your absent. Please refer the appointment letter, every thing is given there. 

Pushpa   29 June 2018

Yes sir, I had informed the organization about my inability to come to office and requested for leave...they denied the leave and asked me to come to office...but given the situation, i could not attend the office and this has precipitated into the presesnt doubt is : I know that psu employees have to serve 3 months notice period...but it is the organisation that is not allowing me to join and thus, serve the notice, is it right for them to ask for 3 months salary in lieu of notice period..

kameswarao S (Head HR)     29 June 2018

Abstaining for 7 days with out permission is a major misconduct & liable for punishment however the act of the organization is also illegal.  The management need to organize an inquiry and initiate action instead of not allowing you after reporting back.  However better to negotiate and close the issue as you already got an employment some where else hence instead of confronting better to close the issue amicably.

Thanks and regards


Pushpa   29 June 2018

Thank you so much kamesh sir for your time... i tried negotiating but of no avail..they are hell bent on taking 3 lakh rupees from me in lieu of notice period...which i cannot i stand a chance if i take the bull by its horns?

Pradipta Nath (Advocate)     29 June 2018

See as the PSU Company is not allowing you to join their Company and you are not at the position to compensate them at Rs 3 Lakhs so it is better to give the 3 months notice period or rejoin!

On the other hand you have held that they are not allowing you to join the Company, is it due to any disciplinary action? have there is any communication to you on this? If this is a formal order then there should have been an order passed on this and you should have been provided with an opportunity of being heard. Apart there are many questions like what made them wait for 7 months period? Why they have not issue you any warning letter, was someone else recruited in your place to take up the operations further etc. Like that there are many things, the amount of Rs 3 Lakhs has to be substantiated with their loss or damages.

Aside relocating yourself was not your choice but the only option for them as they did not either terminate you nor accepting you. See there is error from both end but the major error has been made at your part! Please prepared to contest it and for any consequences if the PSU sue you.

Please seek an Advocate in this regard as face to face meet is very essential in your case and cannot be council from imedium.

1 Like

Pushpa   30 June 2018

Thank you so much Pradip sir for your guidance...actually, i had submitted the relevant documents like mother's medical certificate etc...yet they say that my explanation is not satisfactory...i had received a warning letter earlier to which i had replied expressing my inability to come to office.....nothing beyond disciplinary commitee was ever constituted...

my point is : they didnot take any action for 4 months even after i reported back...neither was i allowed to join nor did they relieve, i could not seek employment anywhere else due to this...and after all that they are asking for 3 months notice period it legally tenable?

Pushpa   30 June 2018

Can we get in touch?

Pradipta Nath (Advocate)     30 June 2018

You can write me in my private inbox., Please.

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