Abandonment Case Laws 2011

Abandonment :

When bank employee remained absent unauthorizedly for about two years and did not respond to management's call to report for duty, voluntary abandonment is rightly presumed.
Yousuf Khan vs. State Bank of Hyderabad, rep. by its Managing Director & Another. 2011 LLR 967 (AP HC)

Abandonment by workman can't be presumed when management did not initiate any action to call upon to report for duty and offer for employment.
Divisional Manager, Boudh Commercial Division, Orissa Forest Development Corporation Ltd. vs. Godabarish Badajena & Anr. 2011 LLR 181 (Orissa HC)

By not applying leave in advance and remaining absent can't be presumed to be an act of voluntary abandonment.
Veer Chand vs. D.T.C. 2011 (128) FLR 803 (Del. HC)

When no letter of resumption of duty was sent to workman, abandonment of job by workman can't be presumed, that too without enquiry. Compensation in lieu of reinstatement rightly granted.
M/s. Hindustan Associates Engineer Pvt. Ltd. vs. Sh. K.K. Aggarwal & Ors. 2011 LLR 312 (Del. HC)

When suspension was revoked and employee was transferred, he was under obligation to make compliance of transfer order. Bank was justified in drawing presumption of voluntary abandonment of ervice by the employee when he failed to comply with the transfer order.
U.P. Singh vs. Punjab National Bank. 2011 LLR 708 (Del. HC)

Letter sent by UPC for reporting on duty can't be termed as service. Presumption of abandonment of job by employee not valid.
Shiv Kumar vs. Hansita 2011 LLR 13 (Del. HC)

Refusal to work on site along with other workers for repairing of advertising boards inspite of repeated calls by employer will amount to voluntary abandonment of service.
Vantage Advertising Pvt. Ltd. vs. Javedali Kutubali Hashmi. 2011 LLR 197 (Guj. HC)

Even if sending four letters to a daily wager asking him to report for duty will not be a ground of abandonment but will be a case of illegal termination, when not followed by retrenchment procedure. Compensation appropriate instead of reinstatement in such a case. Municipal Corporation of Delhi vs. R.L. Chugh and Others. 2011 LLR 1256 (Del. HC)

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