dismissal without domestic enquiry in private limited compan

dear lawyers,
i am an employee in a private limited company.i was granted 10days leave for studies.later on, i had sent regular register posts for extension of my leaves till i completed my studies.the concerned authorities are telling that they have dismissed the employee. is it correct to dism isss any employee without domestic enquiry who has given information for his absence. please help and guide in this this has happened in karnataka state in india]

Hi,
If concerned employee comes under the definition of "workman" under Industrial Dispute Act then before taking any disciplinary action domestic enquiry is must specially in case of dismissal from the services of the Company.
Now there are some cases abandonment from the services of company where enquiry is not necessary. As per your case if employee comes under definition of workman( i.e nature of job ) & employer was given intimation thru registered post then opportunity must be given to that employee through conducting domestic enquiry before dismissal.
Regards
Anuj

__________________
Anuj

dear sirs, thank you for your advice/opinion.in this case, the employee had furished his present address during out of station and college address with dates of studies period.inspite of this, the company had published in local newspapers notice and then conducted enquiry in absentia of workmen and has decided dismissal .as the employee is from a family wit h sick parents,please suggest the short and less expensive way of getting back his employment. please answer

FULL FACTS OF THE CASE ARE NOT GIVEN:
1. WHETHER PERMISSION WAS SOUGHT AND GRANTTED BY THE COMPNAY FOR PRUSUING THE STUDIES.
2. WHETHER IN THE PERMISSION, IT WAS MENTIONED THAT EMPLOYEE WILL BE GIVEN LEAVE FOR PREPARATION FOR APPEARING IN THE EXAMS AND IF SO FOR HOW MANY DAYS.
3. WHETHER ANY CLAUSE WAS PUT AT THE TIME OF SANCTION OF LEAVE THAT NO FURTHER LEAVE WILL BE GRANTED AND THE EMPLOYEE AGREED TO THAT.
4.WHETHER ANY RESPONSE BY THE MANAGEMENT ON THE LEAVE APPLICATIONS WAS GIVEN LIKE THE LEAVE CANNOT BE SANCTIONED DIRECTION TO JOIN THE DUTIES ETC
5. WHAT WAS THE DURATION OF EXTENSION OF LEAVE.
6.WHETHER ANY LETTER TERMINATING/DISMISSAL OF SERVICE WAS SENT TO THE EMPLOYEE.
IT IS REQUESTED THAT FULL FACTS OF THE CASE BE GIVEN

DEEPAK THUKRAL
CHANDIGARH

Dear sir
thank you for your advisory comments. the following are details of the case.
there was no mentioning of the limitation of the leave period by the management.
the employe had attended a test and interview for the full time courseand was selected by the college.

the letter of selection was enclosed along with a request letter to the personal manager for leave .
there were no written answers to the request for leave which was given 40days prior to the start of the course.
the manager didn"t reply anything in writing, but orally replied that this cannot be given as there are no examples in the company like this.

but, the employee has found that several people have been provided leave for studies in the past and the matter was put upon for grieviance.

the concerned employee had 80 days of earned leave to his credit.
he applied for sanctioning of 10days earned leave for studies and the same was granted.
later, the employee joined the college,started sending regular registered letters to the manager,welfare officer and the factory inspector for extension of his educational leaves.
the letters were posted every week from the address of district where he was studying.
nobody had replied for the letters by post to the address furnished by the employee where he was staying for stuidies nor to the college address.

the employee had provided an authorisation letter to one of his colleagues who was an elected committee memberof the recognised employees union.
the union member was compelled by the manager to withdraw his representation byoral threatening.
later on, the company published a notice two times in a local newspaper stating that the employee was not coming to duty and is on absence without information and hisletters sent to last known address have been given back by postal department as "party left"
in the meanwhile, the grieviance form had reached the personell manager and he has not replied that educatioal leave cannot be given. instead he had replied that "indefnite and long leave cant be given.
the committee member forwarded the grieviance form to managing director of the company' by enclosing the full explanation and
the details of other employees sent for leave with pay for education was quoted along with request for giving explanation to the "discrimination and desparity" towards the particular employee.
after the exams the employee came to the company and gave letters of college regarding his attendance and provided the hall tickets of his exams.
the manager told him that he has been dismissed from the services.
the employee requested for the letters of dismissal.
this is not given till date.
instead, the employee has been advised to go on resignation by the managers with threatening explanations of after facts of proceeding to courts.
now the employee is in a dilemma what to do next.
Due to his bad time,his parents are in hospital treatment and his children are in schools.
the employees union is telling that discussions are going on and it will take time.
can you please guide the employee what is to be done to see that he will be able to go back to duties at the eariest.
can the factory inspectorate help in solving this problem.
thank you

Well you may like to contest your termination sans enquiry legally . However you need to explain the following.
1. You were granted 10 days leave originally. Therafter you were absent without any authorized leave.
2. Merely sending leave extension letters doesn't mean that the leave asked for , has been granted.
3.Why you did not enquire from the Management about the sanction status of your further leave requests . Presumption that leave has been granted is not valid.
4. Enquiry notice was published in the local newspapers. Why your authorized representative did not inform you about it.
Meet some good labour law practitoner alongwith answers of above mentioned points. You have every right to ask for the dismissal letter and also a copy of the findings of the enquiry.

respected advocate friend,
the agrived employee was initially granted ten days leave.As per
the indian factory act 1948 says that in rights of worker,"no employer shall refuse the earned leave at credit of employee"s credit if the leave application is requested before 15 days prior to the leave date".

as there was no reply from manager about not sactioning of leave, the employee continued to send letters till the completion of the studies.

As per statutory norms, whenever the employee has informed his present address, the same has to be considered.
afterdismissal or discharge of employee, his settlement has to be made within 3 days/72 hours after the discharge.

Now, our request is that can any stayorder be obtained for this employee based on nlawfull dismissal without calling the employee.
please guide us what would be the duration of the case

Dear KESHAVA,

There must be leave policy please find out if he had violated it.
Further it is stated that he has taken permission and also been on leave for improvement in his career . Please go through his previous leave and find out whether he is a regular absenteesim and suggest to the management that enquiry to be conducted before sacking someone.

Regards,

dennis

Hi
I will be in better position to suggest you the remedies, if you can reply the following queries:-
1.First and foremost question is that whether your work profile comes under the definition of “workman” as defined under Industrial disputes Act, 1947.
2.What was your tenure of service with the company? Have you completed 240 days continuous service with the company in the proceeding year prior to your termination?
3.Whether you were on probation?
4.Whether there was any clause of such termination in your appointment letter?
5.Whether you have been issued written dismissal letter?

However, in any case the industrial law does not permit an employer to terminate the services of its employees more particularly when he has not committed any breach of terms and conditions of its employment.
Furthermore, an employer is required to observe the principles of natural justice by conducting a disciplinary inquiry before terminating the services of any of its employees. In the your case, from the given facts it appears that no such inquiry has been conducted and therefore you may initiate legal proceeding against the company on the ground of dismissal without any reason and without conducting any disciplinary inquiry.


Regard


Prasad.

I agree with Mr. Prasad views. But if employee does not comes under Workman under I.D. Act then he can not get any relief from Labour Court and as concerned employee was working under Pvt. Limited company he can't get relief directly from High Court also.
Regards,
Anuj

__________________
Anuj