I work in a company in which CCS (CCA) rules are applicable. One employee of the company has gone missing for the last 2 years, for which a police complaint has been lodged by his family members. The police have submitted a non-traceable report. The employee is missing (not absconding). What action shall be taken by the company under CCS (CCA) Rules.
From India, Aizawl
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From India, Aizawl
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Dear friend,
There is no mention in the post whether the employee went missing while on duty or otherwise. In the first place, in my opinion, the lapse of two years since going missing, the conclusion of the employer as revealed by the poster himself that this is a case of missing and not abscondence, and the issue of a non-traceability certificate by the Police upon a complaint lodged by the missing employee's family would indicate that there is no scope for any action by the employer under the CCS(CCA) Rules.
Secondly, as far as I am aware, there is no special law in India like the Presumption of Death Act, 2013 as in the United Kingdom. Therefore, if any remedy is available, it is only through the provisions of Section 108 of the Indian Evidence Act, 1872. However, it is time-consuming and has certain limitations for probate purposes.
While disposing of a writ petition filed by the legal heirs of a missing bus conductor employed in the State Transport Corporation, a Division Bench of the Honorable High Court of Madras has held that a person missing for a long period and not heard of for over seven years could be presumed to have died under Section 108 of the Indian Evidence Act, 1872, only on the day after the completion of seven years. The Court further observed that presuming the date from which a person went missing as the date of death poses inherent dangers because many claims that could be made by his legal heirs would become time-barred, despite the fact that the presumption of death can only be raised after 7 years from the date he was last heard of.
In this context, the Court cited Rule 49-A of the Tamil Nadu Pension Rules, 1972, which provides for the settlement of terminal benefits to legal heirs of missing Government employees on receipt of a "Not-traceable" certificate from the Police, subject to the submission of an indemnity bond that the payment made could be adjusted from dues payable to the Government servant if he later appeared and made any claim. The Court also noted that the logic behind such a rule is universally applicable.
The poster's establishment may consider this and take action to settle any terminal benefits accordingly.
From India, Salem
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6185There is no mention in the post whether the employee went missing while on duty or otherwise. In the first place, in my opinion, the lapse of two years since going missing, the conclusion of the employer as revealed by the poster himself that this is a case of missing and not abscondence, and the issue of a non-traceability certificate by the Police upon a complaint lodged by the missing employee's family would indicate that there is no scope for any action by the employer under the CCS(CCA) Rules.
Secondly, as far as I am aware, there is no special law in India like the Presumption of Death Act, 2013 as in the United Kingdom. Therefore, if any remedy is available, it is only through the provisions of Section 108 of the Indian Evidence Act, 1872. However, it is time-consuming and has certain limitations for probate purposes.
While disposing of a writ petition filed by the legal heirs of a missing bus conductor employed in the State Transport Corporation, a Division Bench of the Honorable High Court of Madras has held that a person missing for a long period and not heard of for over seven years could be presumed to have died under Section 108 of the Indian Evidence Act, 1872, only on the day after the completion of seven years. The Court further observed that presuming the date from which a person went missing as the date of death poses inherent dangers because many claims that could be made by his legal heirs would become time-barred, despite the fact that the presumption of death can only be raised after 7 years from the date he was last heard of.
In this context, the Court cited Rule 49-A of the Tamil Nadu Pension Rules, 1972, which provides for the settlement of terminal benefits to legal heirs of missing Government employees on receipt of a "Not-traceable" certificate from the Police, subject to the submission of an indemnity bond that the payment made could be adjusted from dues payable to the Government servant if he later appeared and made any claim. The Court also noted that the logic behind such a rule is universally applicable.
The poster's establishment may consider this and take action to settle any terminal benefits accordingly.
From India, Salem
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1. Is the employee missing from the worksite?
2. Have you communicated with the employee to resume their duties?
3. Has the nominee of the employee informed you that the person is untraceable as per policy or submitted any documents?
4. Do you have any standing orders or policy guidelines for dealing with absences without intimation?
You should send a communication requesting the employee to return to the office by a specified date at their present and permanent address. Additionally, publish a newspaper advertisement to this effect. If the person fails to appear, they will be considered terminated. Ask the nominees to submit an application for the payment of terminal benefits.
From India, Mumbai
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2. Have you communicated with the employee to resume their duties?
3. Has the nominee of the employee informed you that the person is untraceable as per policy or submitted any documents?
4. Do you have any standing orders or policy guidelines for dealing with absences without intimation?
You should send a communication requesting the employee to return to the office by a specified date at their present and permanent address. Additionally, publish a newspaper advertisement to this effect. If the person fails to appear, they will be considered terminated. Ask the nominees to submit an application for the payment of terminal benefits.
From India, Mumbai
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