Section 20 in West Bengal Shops and Establishments Rules, 1964
20. Unauthorised absence.
(1)If a person employed remains absent without leave or beyond the period of leave originally granted or subsequently extended, shop-keeper or the employer, as the case may be, shall, before taking any disciplinary action against the absentee, issue a notice requiring him to explain in writing the reasons of his absence within 15 days of the date of issue of the notice.(2)(i)If on receipt of the notice referred to in sub-rule (1), the absentee explains the reasons of his absence to the shop-keeper, or employer, as the case may be, the latter may, if the explanation is found satisfactory, regularise the period of unauthorised absence by grant of such leave as may be due to the person employed, and treat the remaining period of absence, if any, as absence without wages.(ii)If the explanation given by the person employed is considered not satisfactory by the shop-keeper or employer, as the case may be, latter may either treat the period of unauthorised absence of the person employed 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.(iii)If the person employed does not submit any explanation to the shopkeeper or employer, as the case may be, within the time limit given in the notice referred to in sub-rule (1), the latter may terminate the lien of the person employed on his appointment forthwith.(3)The notice referred to in sub-rule (1) shall be served by registered post to the address given under rule 17, or in its absence, to the address last given by the person employed to the shop-keeper or the employer, as the case may be.
