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State of West Bengal - Section

Section 19 in The Bengal Industrial Employment (Standing Orders) Rules, 1946

19. Unauthorised absence. - (l) If a workman remains absent without leave beyond the period of leave originally granted and subsequently extended, the Manager or the officer authorised by the employer in this behalf shall, before taking any disciplinary action against the absentee, issue notice reqUiring him to explain in writing the reasons for his absence within ten days of the date of issue of the notice :

Provided that postal delay beyond three days, from the date of despatch of the letter of explanation shall be condoned in computing the time limit for its receipt.
(2)If on receipt of the notice, the absentee explains the reasons for his absence to the Manager or the officer authorised by the employer in this behalf, the Manager or the authorised officer concerned may. If the explanation is found satisfactory, regularise the period of unauthorised absence by grant of such leave as may be due to the workman, and treat the remaining period of absence, if any, as absence without wages.
(3)If the explanation given by the absentee workman is considered not satisfactory by the Manager or the officer authorised by the employer in this behalf, the Manager may either treat the period of unauthorised absence of the workman as absence without wages even though leave with wages may be due to him, or terminate his lien on his appointment, depending on the gravity of the case :Provided that in case a workman loses lien on his appointment his name shall be kept on the "badli" or "waiting" list.
(4)If the absentee workman does not submit any explanation to the Manager or the officer authorised by the employer in this behalf within the time limit given in the notice, the Manager may terminate the lien of the workman on his appointment forthwith.
(5)The notice referred to in sub-paragraph (1) shall be served by registered post with acknowledgment due to the address given by the workman concerned under paragraph 16, or in its absence, to the address last given by him to the Manager or the officer authorised by the employer in this behalf.