Due to any absence beyond the period of leave sanctioned by the employer no disciplinary proceeding can be initiated if it is found that there was prohibition on movement in inter state travel and if there was total lack of transport as well.

So if any proceeding is initiated you can take plea of lock down . However once the travel was permitted and means of transport was opened , even if on small scale any further absence beyond that relaxation would be un authorized leave and may lead to penal action.

- The Ministry of Labour and Employment, Government of India, has asked both private and public organisations to not terminate jobs and cut the salary on the pretext of the prevailing conditions of corona-virus. 

- Further the employers are directed to support their employees and workers, and further, if any worker takes leave, he should be deemed to be on duty without any consequential deduction in wages for this period.

- Hence, the act of your company is against the law and direction of the government of India, and liable to be. Booked under the

1. Section 188 IPC:- Violation of order promulgated by Govt. which is Cognizable, Bailable.
2. Section 269 IPC- Negligently doing any act known to be likely to spread infection of any disease dangerous to life Imprisonment for 6 months or fine, or both, which is Cognizable, Bailable.
3. Section 270 IPC- Malignantly doing any act known to be likely to spread infection of any disease dangerous to life Imprisonment for 2 years, or fine, or both, which is Cognizable, Bailable. 
4. Section 271 IPC- Knowingly disobeying any quarantine rule Imprisonment for 6 months, or fine, or both. Which is non-cognizable.-

- Hence, even you not reported to work after informing the situation of lockdown, then the also BSNL cannot take any legal action as well. 

- Further, on the complaint of any employee, the employer can be Good luck and dont forget to rating Positively. 

- You should issue a legal notice to the management of BSNL for not taking an unauthorised actions against you , happened due to lockdown.

- Otherwise, you can approach court as well. 

Dear Sir,

You are suggested to apply for the leave in order to avoid service break and ask for leave on compassionate grounds whenever required. In other case, you may approach CAT/High Court for cutting the leave. 

1. See you may raise defence before you authority that you could not travel due to nation vide lockdown and situation that was not in your control. If your defence is not accepted and any adverse order is passed you may approach high court for direction for department.

Hi

You should contest the action of BSNL Management in the Central Administrative Tribunal as the proposed action comes under the ambit of disciplinary proceeding and you should challenge the said action by filing an application u/s19 of Central Administrative act. 

The grounds of challenge are 

1) Since Lock down was imposed by an act (Disaster management act and epidemic act ), it was declared as force majeure and as such any absence from office cannot be considered as willful absence and 

2) Transport and interstate movement was impacted by respective state governments under epidemic act and employees cannot be expected to attend office when epidemic act (wherein restrictions imposed were government initiated and beyond control of an employee). 

So, you should contest the action of BSNL management in Central Administrative Tribunal.

Hope this information is useful. 

You were helpless due to lock down. Maximum BSNL can deduct the salary of the period of unauthorized option which may also adjust with other pending leaves.

No more action can be done. YOU can offer them adjustment of leaves or maximum two months salary deduction. Nothing much can be done.

Hi 

Since you are a BSNL Employee, Central administrative tribunal alone has the jurisdiction to pass orders on your grievance which is essentially a disciplinary proceeding.  

A BSNL employee can challenge any disciplinary proceeding including non payment of salaries at Central Administrative Tribunal located at their place of employment. 

There are many judgments passed by Central Administrative Tribunal in matters pertaining to BSNL Employees. 

Hope this information is useful. 

In your reply take the plea that on account of lock down you are unable to travel and was not offered work from home 

2) salary ought not to be deducted due to force majeure conditions 

3) if they refuse to listen to reason file application before CAT to direct your employer to pay your salary dues

You can go to court against deduction of your salary of 2 months 

Dear Sir,

Any one can go to Court once his grievances are not redressed by the organisation. In the present circumstances, overstay on leave was neither deliberate nor intentional on your part and hence there should be no salary cut at all. So, you may move to CAT or to High Court as per your convenience. 

You can file an objection against this action to the banks ombudsman 

- Approach before the Central Administrative Tribunal for getting justice ,

- You have a fit case , as i mentioned above.

As you are an employee of a psu you can file a writ as your salary has been witheld. 

They can't terminate you on the contrary they need to give you salary as per disaster management Act as well as MHA circular. You can complaint to MHA, office of labour commissioner or labour court

You may challange order passed by the authority before the CAT/high court as per the jurisdiction.

From examining all the facts of your query I want to say that-

There are already many cases against Bharat Sanchar Nigam Limited (BSNL) in various Courts of India and Supreme Court of India. I can understand your problem. I have dealt with such cases in Supreme Court. India's domestic telecom gear makers and suppliers have sought the intervention of Commerce Minister Piyush Goyal and Telecom Minister Ravi Shankar Prasad for the release of Rs 20,000 crore in dues from state-controlled Bharat Sanchar Nigam Limited (BSNL), Bharat Broadband Network Limited (BBNL) and Indian Telephone Industries (ITI) to clear wages of nearly 2 lakh employees amid lockdown.

You know BSNL was always the victim of poor or delayed management decision on various business strategies. It also has a bad experience in getting the government approvals on time when it tried to expand the business or compete with other telecom companies. BSNL was about to be the first 4G provider in India but it wasn't allowed by the Indian government and it was put on hold until the big private companies like Reliance, Airtel and Vodafone started and became leaders in the 4G market.

One Public Interest Litigation (PIL) has been filed in the Supreme Court for a direction to the Centre and all states to protect to all such employees, facing salary cuts, and termination following the unprecedented lockdown situation out of COVID-19 in the country. The present petition under Article 32 of the Constitution of India is being filed in public interest is being filed seeking to counter an emergent situation, and is, inter alia, seeking directions of Supreme Court to implement the Advisory dated 20.03.2020 issued by the Ministry Labour and Employment and Order dated March 29 2020, issued by the Government of India Department dated 13 March 2020 so far as it relates to the directions to the employers of both the private and public companies to not lay off employees or cut their salaries, in the wake the unprecedented lockdown situation due to the COVID-19 or novel Coronavirus crisis, in order to ensure the protection of the fundamental rights under Articles 14/19(1)(g)/21 of Constitution of India.

Please understand that BSNL (your employer) cannot hold your salary in such crucial period world is going through. This principle is also legislated upon and found in the Indian Contract Act, 1882, in Section 23, by which Contracts which are opposed to public policy are void. Mass termination of employees, and the withholding of the salaries of the employees during these severe times is contrary to public policy, and directly affecting the right to livelihood of several persons. Also please note that employers as their Corporate Social Responsibility be mandated to not terminate or layoff the employees and pay their full salaries so that large section of the employees are not compelled to come on streets and join the workers on the street who are struggling to manage to two times meals and invocation of provisions of the Disaster Management Act, 2005 by the Government of India and the directions/orders issued there under are legally binding on the Establishments.

I have recently issued legal notices under my signature to some of the employers (Public and Private Organizations) to claim compensation for the salary deduction and illegal termination on behalf of some the employees in India. Many organizations have come forward to settle the issues after sending the Legal Notice. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

You may contact my secretary to connect with me for clarification.

I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

Gopal Verma,

Advocate on Record & Amicus Curiae,

Supreme Court of India

You should have returned immediately after your leave was completed whereas you hav not even informed your authorities about your situation of lock down.

You cannot take law into your hands and claim excuses or exemptions.

You can ask the authority to regularise the period of absence with the leaves due to you.

If there is no leave available in your account then you may ask for leave without pay for the remaining period.

If that is not agreed then the employer will be forced to declare your absence from duty as dies non.

You make a written representation to the competent authority explaining yor helpless situation and eek his intervention to regularise the absence.

If the employer do not agree to your request and takes action as per regulations then yo may have to abide by their decision.

Any case before court or a legal forum in this regard may not be maintainable

Dear Sir,\

No action can be initiated against you as per following circulars issued by the Labor Department of Central Govt which is binding upon BSNL. Please approach Tribunal or High Court if any such notice is issued.

==============================================================

https://labour.gov.in/advisories-covid-19

EMPLOYEE CIRCULARS BY LABOUR DEPARTMENT

Employment Lawsfor Multinational Companies in India

https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf

Section 12 in The Industrial Disputes Act, 1947

1. Duties of conciliation officers.-

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

Employment Lawsfor Multinational Companies in India

https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf

1. Government-Mandated Employee Monitoring and Dispute-Resolution Bodies Under various pieces of labour legislation, the government is required to create administrative networks in all units employing more than 50 employees, to oversee the implementation of workplace benefits and ensure the representation of employee interests. These networks exist simultaneously with the trade unions. An employee may file his or her grievance either through the union or through any network that exists in the workplace (although, as noted above, normally the union takes up matters of common interest to groups of employees and the grievance cell represents single employees with individual grievances). Administrative networks can be created through the following: advisory councils;· advisors, officers, inspectors, etc., appointed under various labour laws;·  medical benefit councils and medical officers;·  welfare committees and officers;·

Pay boards;  conciliation committees and officers;·  grievance cells;·  workers’ committees; or·  consultation committees.· Individuals acting as representatives of employees under the various “welfare mechanisms” listed above have a wide range of powers. These individuals should not be confused with government inspectors and officers affiliated with the Ministry of Labour, who are employed and paid by the appropriate government to implement and enforce the labour laws. In contrast, the welfare officers discussed here are hired and paid by the employer in accordance with rules framed by the government and are essentially semi-official compliance officers, assisting the employer to comply with mandatory welfare and benefit measures established under various labour laws. Although appointed by the employer, these officers are considered government officials charged with proper enforcement of the employee welfare provisions of labour laws. Their duties, qualifications, and conditions of service generally are prescribed by the various state governments, although, as noted above, they are paid by the employer and reviews of their performance are conducted by the employer. Individuals hired by employers under government requirements and acting as representatives of employees have the following powers:  they can carry out any inquiry and examination with respect to the interests of the employees;·  they can make and implement programs for the benefit of the employees, e.g., provident fund· plans and insurance plans;  they can provide for any damages suffered by an employee during the course of employment;·  they ensure compliance with provisions of various labour legislation regarding sickness benefits,· maternity benefits, disability benefits, etc.;  they are responsible for promoting health programs and measures for the benefit of employees;·  they can investigate, or form committees to investigate, complaints filed by employees;·  they have the power to call for adoption of proper safety measures;·  they can call for, or require medical examination of, employees to check for healthy working· conditions and a healthy environment. As mentioned above, grievance cells are a part of this welfare mechanism for employees. Employees may bring to grievance cells any matter ranging from the employer’s noncompliance with employee welfare provisions to variations in service conditions and health and safety concerns. Because these cells are perceived as helping to solve matters amicably, they are classified as measures for employee welfare and benefit.

This is Central Deparment office you can make complaint to New Delhi Head Office, plus send copy to Ministry of Human REscources, Ministry of Labour, Labour commissione of your city and one in PMO office.

Initially do make complaint with Labour Commissioner and talk to your Union first before taking any decision.

1. This is arbitrary and illegal.

2. File a Writ Petition in the jurisdictional High Court to challenge the commencement of disciplinary proceedings and also seek direction to release the salary which has been stopped.

Since you have been authorised for leave and the lock down came in between you may not get the benefit of lockdown and you will be treated on leave after the leave expires lockdown rules will be applicable on you as well as per the organisation policy is done your organization's position during the lockdown.

Since your services are covered in essential services I believe the benefit of lockdown will not be available to you and you have to follow the policies of the organisation made during tulip down period

Break in service should never be an option. You may apply for a leave but only if they refuse to accede to your demands. Leave under protest and then file a case in the CAT. 

A departmental appeal is available when the application has been rejected by it. After that you have to go the CAT.

Central administrative tribunal ie it is a court for BSNL AND other central government employees.

 you can challenge before CAT against deduction of your salary . 

You can file writ petition against your department for wrongful deduction of salary and pressurising you to apply for leaves which are not available with you.