dismissal of permanent employee

Dear Sir's
I have got the following doubts about employee disciplenary action procedure in Industires.
1.Can an employee be dismissed without any answers for the enquiry proceedings carried out in absentia.
if the present address is informed to the Management, it has not been considered for sending notices by the personnel department.
After enquiry the employee has not been issued any letter of dismissal.
later, after regular requests , the dismissal letter is issued after 1omonths after date of dismissal.
will this come under perview of Industrial disputes act?
what are the chances of employee being reinstated again to the factory.
he had completed ten yewars of service and is a confirmed workmen.
please reply at the earliest

Thanks and regardes
Keshava

Dear Mr. Keshava,
The action of the management is illegal. If this is contested properly the employee has got full chance of reinstatement with back wages provided he does not fall under the four exceptions given under Article 311 (2)(b) of Indian Constitution. From the information provided I understand that there is no sound cause for the management to take this arbitrary action. an industrial dispute can be raised out of this.
Regards

Dear Keshava,

The Principles of Natural Justice has not been followed through in the present case. This reason is enough to set aside the entire Disciplinary Proceedings. Time and again various judgements of the Hon'ble Court has mentioned it mandatory. So in present case there is greate chance of Reinstatement of the employee with back wages.

With regards,

Avinash K.

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

My question is if any employee completed his 240 days of attendance and he is working with contractor, Is he applicable for permanantship? or not? if yes in which book i can get reference of this question?

My employer issued me a charge memo under suspension.Since I was not present in the office,they (as per regulation specificied under CDA Rules)were expected to send the same by means of registered post to my address,instead,they sent "messengers" from the office. I received the communication from marking "under protest and without prejudice".
Now the enquiry has started,I have argued that the charge memo is not served properly,as such I am unable to attend the enquiry.Am I correct?

dear keshav
Mr rao has given the correct answer for your problem as u have not followed the principle of natural justice.enquiry information are not communicated to him and u have conducted enquiry whereas u should have published in local newspaper.
it is illeggal
tks
j s malik