Termination of a Supervisor in Mines
The case is as given below:
1. A supervisor named Akash was working in a Mines in Odisha.
2. The HR Manager transferred him to another mines in MP, citing business reasons.
3. The employee did not join at the mines in MP. He instead stopped reporting for work.
4. The HR manager issued an absconding notice to Akash on 29th March 2018. There was no response from the employee.
5. The HR Manager terminated the employee on 16th April 2018 by sending the termination letter.
6. The employee filed a complaint in DM's office stating that the management had transferred to MP but he was not in a condition to go there because of the ongoing land-acquisition issues. He further detailed that his land had been acquired by the Company for Mining activity.
7. The DM has asked the Labout Department to do the needful, as per law.
My Questions:
1. Will the supervisor in Mines be treated as a Workman?
2. Has the company followed the process to terminate? If Not, what is the correct process as per the law?
3. In this case, what should the management do to appropriately close the matter.
Regards,
Manish