When management did not sent letters to report for duties till receipt of notice from workman, it will not be abandonment.
M/s. Premsons Trading (P) Ltd. vs. Shri Dinesh Chandeshwar Rai C/o. Maharashtra Employees Union. 2024 LLR 524; 2024 (182) FLR 50 (Bom. H.C.)
Abandonment cannot be presumed when employer did not issue any notice to workman asking him to join duty in accordance with the award of reinstatement.
The State of H.P. & Another vs. Prakash Chand. 2024 (182) FLR 547; 2024 LLR WEB 254 (H.P. H.C.)
When the employees demanded wages and expressed their willingness to work, there was no question of abandonment of service.
Ritz Theatre Pvt. Ltd. vs. Ramesh Chandra. 2024 (183) FLR 325 (Delhi H.C.)
The onus to prove the abandonment of job is on the employer. The employer must establish about written communication with the workman to join duties. The sole statement in evidence of abandonment which is controverted by the workman does not suffice to make out the case of abandonment. Intention to abandon must be shown to have existed before the date of case of abandonment is made out.
Atlas Logistics Pvt. Ltd. vs. Jitendra Kumar. 2024 LLR WEB 206 (Delhi H.C.)
Abandonment cannot be accepted unless Employer gives notice to employee for joining duty. It is a question of intention of employee which can be adduced from facts of the case.
Nandini Mohinder vs. Sh. Umesh Chandra Maurya & Ors. 2024 LLR WEB 170 (Delhi H.C.)
