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Can a person who went missing for 11 years join back work ?
03-Jan-2023 (In Labour & Service Law)
hello everyone, my parents r living separately from last 12 years but not legally divorced. n my father went missing in 2007 he is bsnl employee today he sent letter to bsnl about joining bsnl. is it possible for him to rejoin. n bcoz of that letter our 11 year old case about pension on bsnl got dismissed my court. what we can do now?. what r bsnl rule for such cases?
According to BSNL CONDUCT, DISCIPLINE AND APPEAL RULES 2006 (Following is the link:-
http://www.aibsnleachq.in/BSNL%20CDA%20Rules%202006%20-%20Updated%20as%20on%20%2019-06-14.pdf) there is no such provision relating to the death of an employee. Except one rule, namely Rule 75 which speaks about Form-A3 For BSNL employees on first appointment for nomination in respect of gratuity/leave encashment and other admissible claims on retirement / death.
According to Section 107 of Indian Evidence Act, it is presumed that if a person is missing for 7 years, then he is dead. Therefore you received pension because in the eyes of law he is declared dead and death certificate may have been issued.
But after he has reappeared 12 years, it is very clear that he has come back so the onus is on somebody else to prove that he is the same person. According to section 108 of Indian Evidence Act, the burden of proving that person is alive who has not been heard of for seven years, the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is on the person who affirms it .
Your father can re-apply for the job, and see what is the situation.
http://www.aibsnleachq.in/BSNL%20CDA%20Rules%202006%20-%20Updated%20as%20on%20%2019-06-14.pdf) there is no such provision relating to the death of an employee. Except one rule, namely Rule 75 which speaks about Form-A3 For BSNL employees on first appointment for nomination in respect of gratuity/leave encashment and other admissible claims on retirement / death.
According to Section 107 of Indian Evidence Act, it is presumed that if a person is missing for 7 years, then he is dead. Therefore you received pension because in the eyes of law he is declared dead and death certificate may have been issued.
But after he has reappeared 12 years, it is very clear that he has come back so the onus is on somebody else to prove that he is the same person. According to section 108 of Indian Evidence Act, the burden of proving that person is alive who has not been heard of for seven years, the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is on the person who affirms it .
Your father can re-apply for the job, and see what is the situation.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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