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bl_jat@rediffmail.com
A workman was found drunken while working on a machine on 27th July.The shift supervisor sent him out of the factory. The workman did not return after that till today ( absent since last 28 days). How the action to be taken against such person, under which rules he should be served chargeshee/show cause notice. Pl guide Bhanwar Lal Jat
From India, Mumbai
sparky
8

Instant dismissal. The potential ramifications of operating a machine whilst intoxicated don't bear thinking about. Reason for dismissal...Gross misconduct....Actions likely to endanger self, others or damage plant. There are a myriad, but get rid of him!
From United Kingdom, Glasgow
mnj.tiwari
9

Dear Mr Bhanwar Lal Jat, No doubt this is a serious misconduct and very dangerous also & subsequently if you are not teking any action against him others will follow the same route. In my opinion first of all you have to recieved a written complaint from his supervisor / department, and then you have set up a domestic inquiry, if proven then you dismiss him. otherwise he will able to register to a case against your company. Please take care while dealing with such type of isseus. You can discuss this issue with your bosses also.
From India, Gurgaon
Madhu.T.K
4193

Since the incident which led to his non reporting took place some 28 days back, and as you didnot take any action except sending him out on finding him drunk on the day, you cannot initiate charge against him on the charge of having drunk but you can proceed with issue of charge sheet and holding of domestic enquiry for his non reporting. In such cases, it is often found that he will reply to your notice saying that he was sent out of the machineshop without any reason and he may add that he was insulted (and even manhandled) in front of other workers (for which he can easily get support also) Unless you have proof to show that he was drunk after having examined by your medical officer (or by an outside medical officer) you cannot levell charges against him. Similarly, if you have not taken witness of the situation leading to his sending out you cannot charge him as drunk. Since he is absenting without intimation the same shall be taken as valid reason for his removal from service. Therefore, I personally feel that it is better to make charges accordingly. The matters connected with drinking etc shall come during the enquiry and perhaps in favour of you also. Regards, Madhu.T.K
From India, Kannur
HARJEETWALIA
1

Hello. I m agree with the above said comments. Also u can send absenteeism notice to thim. and after three notice u hav to send show cause notice to hime. U hv to strong ur ground for further action if there is any Industrial Dispute arise. thnx
From India, Delhi
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