A worker is engaged in a company. Due to spinal cord problem he had taken ESIC leave with prior intimation. On the basis of long leave, company was biased against him and decided to remove him and issued show cause notice that he is absconding. Reply was faxed to them and shown the intiamtion of extension of leave faxed to them. They denied ESIC benefits and asked him to render resignation. After treatmwent was over, he approached again and requested for reinstatement. No use. He approached ministry of health and upon pressure from regional director of esic, they provided esic benefit and reinstated. Now, for some provocative dialogue, he shouted on a co worker. Superior sought apology for this which he gave in writing. After some weeks, company issued show cause notice of threatening, intoxication, terrorism, riot etc. and sought explanation. Sufficiently replied by exhibiting the cause of shouting and apology rendered etc and asked the supportings and witnesses of intoxication, test report etc. Already decided company issued charge sheet of above serious misconduct and appointed a enquiry officer who is a factory manager in another company. employee asked for legal help, documents and witnesses. He also rendered written statement which if seen by a common sense can ensure that the charge sheet is utterly fabricated. The enquiry proceedings were recorded by employee in mobile. Not knowing this, enquiry officer concluded the enquiry in second date by putting false statement and mentioning that emplyee said he has no witnesses and documents to prove or adduce further. This proceeding sheet declined to be signed by employee. Now EO submitted his report to company favouring the company and denying all rights of employee. So many letters were given to company to adduce documents, witnesses, approval for legal aid etc. Nothing complied by company. Now employee is asked to accept the enquiry report. The employee's status remains same without any dismissal or suspension.
Can the employee seek any remedy other than waiting for the action or approaching the labour court? Can a factory manager undertake this job of enquiry? Can anyone provide a supporting citation to defend this?
R. George
From India, Aurangabad
Can the employee seek any remedy other than waiting for the action or approaching the labour court? Can a factory manager undertake this job of enquiry? Can anyone provide a supporting citation to defend this?
R. George
From India, Aurangabad
dear george
by reading the complete story ,i reached to a conclusion that now company will dismiss this employee and after that labour court is only solution.if company has decided to terminate your services you can not do any thing in between ,after termination only you can approach to the court.once management has decided than
their decision will be final.
appointment of enquiry officer is valid,which can not be challenged,the factory manager of other company even any other manager of same company can be enquiry officer.
he can contest his case in court as enquiry was not done by following the principle of natural justice,individual was not given chance to defend himself.
please donot refuse any communication by company.you should take copy of enquiry report and made objections on it ,justify yourself which will help you in court.
tks
j s malik
09810557181
From India, Delhi
167by reading the complete story ,i reached to a conclusion that now company will dismiss this employee and after that labour court is only solution.if company has decided to terminate your services you can not do any thing in between ,after termination only you can approach to the court.once management has decided than
their decision will be final.
appointment of enquiry officer is valid,which can not be challenged,the factory manager of other company even any other manager of same company can be enquiry officer.
he can contest his case in court as enquiry was not done by following the principle of natural justice,individual was not given chance to defend himself.
please donot refuse any communication by company.you should take copy of enquiry report and made objections on it ,justify yourself which will help you in court.
tks
j s malik
09810557181
From India, Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
DOMESTIC ENQUIRY.ppt