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Service regularization of personnel with 5 yrs unauthorized absence
21-Jul-2023 (In Labour & Service Law)
Sir, We have a typical case of person did appx. 5 months service and left resignation note. He did not deposit amount of shortfall of notice period and came back after 4 yrs 8 months to join back. The employer then waived off his amt for notice period and accepted his resignation. The person went to High Court. The court ordered "The order by which the resignation was accepted is quashed and the appellants are directed to treat the petitioner (employee) on duty wef the date he rejoined after long unauthorized absence". Sir, My question is how can we regularize service of the person.
y did u accepted his resignation when he returned. U should have accepted his resignation then and there. 5 months service is nor substantial period of service to be regularise his services. Moreover, when u have accepted his resignation then his fresh service deemed to be considered as new service and the period he worked will become irrelevant.
Now, if high court has ordered to regularise hi services- whethr u have preferred any appeal of that order or not. If not, or u have taken any decision at your level to not to appeal then u have to comply the order as it has attained finality.
If rules, do not permit for regularisation then it can be good defence for not complying the order even if contempt is filed. But, the point remians whether u have prefrred any appeal against that order or not.
opined accordingly.
Now, if high court has ordered to regularise hi services- whethr u have preferred any appeal of that order or not. If not, or u have taken any decision at your level to not to appeal then u have to comply the order as it has attained finality.
If rules, do not permit for regularisation then it can be good defence for not complying the order even if contempt is filed. But, the point remians whether u have prefrred any appeal against that order or not.
opined accordingly.
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Adv. Hemant Taylor
Jaipur | 100+ Answers
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