AboutJaved Razack Expertise If you have any question on Indian Laws concerning Civil disputes on property, recovery or any other contractual obligation, Criminal disputes on Indian Penal Code, Negotiable Instruments Act, Company matters, Income Tax, Arbitration, Family and matrimonial issues, please ask me.
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Expert: Javed Razack Date: 5/5/2008 Subject: Termination while in probation
Question Dear Sir,
My friend is employed in one of the PSU's in India. She took leave for 2 months(1 month EL,1 month loss of pay) to join her husband abroad just after marriage, while on probation. After the approved leave period she asked for extension of the leave, but was denied as was asked to join. She appealed citing her right to be with husband after marriage and asked for a leave of 1 year. This was also not considered in favour of her. She was asked to report to an enquiry commmission for being absent from duty in short notice. She was not able to get tickets in such short notice and replied to the commission on this. She was immediately terminated from service citing the CDA rules of the company.
Is this decision justifiable considering general justice and women empowerment?
Can she appeal before the MD or women and social welfare ministry or Central womens commission on the grounds that its her human right to be with her husband after marriage?
Please advice,
Thanks and Regards,
KP
Answer Hello KP,
Her employer should have considered her absence as she was with her husband and in other country. If the notice of enquiry commission was received by her and answered that she replied stating reason on her absence, the enquiry commission ought to have given her another reasonable and fair opportunity to appear before it to answer the charge. In the absence of the enquiry commission not providing adequate chance, the rules of principle of natural justice comes into play and the order of the enquiry commission may not pass the test of law and the order passed under the CDA rules will be set aside by the Tribunal having jurisdiction to try the case.
The aspect of Human Rights may not come into effect on this issue. The mere reason that the wife is entitled to be with her husband and join him cannot be a reason to be absent from gainful employment under any kind of leave unless it is specifically granted by the employer. If the context of your question is taken as the women having right to join her husband then should there be a need for a women to work and that too in a transferable job!
In my opinion your friend should take up this matter in consultation with a good lawyer on service matters who will be able to guide and assist her in prosecuting the case.
I hope this suffice your present query,
All the best
Javed Razack
