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When suspension was revoked and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)
