Apni Law Staff asked 2 weeks ago
I was marked absent for 210 days, with 78 days considered unauthorized and 132 days treated as unauthorized absence. My company has penalized me: 1 increment cut for the 78 days and 12 increments cut along with a demotion from Scale IV to Scale III for the remaining 132 days. Is this double punishment? They paid me for 96 days during this period, claiming my leave applications were denied. Can I challenge this in court?
Best Answer
Apni Law Staff answered 2 weeks ago
Yes, this appears to be double punishment. Under Indian law, an employer cannot penalize an employee twice for the same absence. Additionally, you can challenge the increment cuts and demotion in court, arguing that the punishment is disproportionate and the company’s claim of denied leave applications needs justification.
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