Mr Keshava,

i would like to give the following suggetions in relation to the given case. First of all you have to mention the status of employee, wether he falls under the definition of workmen under id act or not? if so, this is the procedure to be followed in normal course of disciplinary proceedings.

First the employee who has been alleged to have committed the misconduct should be given advice letter stating the nature of misconduct committed by him and the time require to give his explenation for the same is also to be specified in that letter.

If the employee not responds or his explenation is found to be unsatisfactory to the management, then a charge sheet is to be framed and to be sent to the employee where in the act of misconduct committed by him is to be mentioned with direction to offer his explenation if any, with in so and so dates. generally, the communication is to be sent to the employee to his addresses which were furnished at the time of his entry in to the company service. how ever if an employee changes his residential address at any time during his sevices with the company and if he inform the company about the same, the management must send any communication to the latest address furnished by the employee.

In the given case, you have told that the enquiry was conducted exparte and the mangement did not send the enquiry report to the employee to his new address and on his request only it was furnished to him after 10 months period by the management.

From the above, it can be seen that the management deliberately avoided to send the enquiry proceedings to the employee to his new address, due to having malafides intentions which will be construed as voilation of principals of natural justice.

under these circumastances, the employee whose services have been terminated provided if he covers the work man definition under id act, shoul win the case if he approchs the labor court on the grounds of the validity of domestic enquiry and imporper communication of disciplinary proceedings by the management, under sec 2A of the id act.

NVRao
Hyd