A worker is engaged in a company. Due to a spinal cord problem, he had taken ESIC leave with prior intimation. On the basis of the long leave, the company was biased against him and decided to remove him and issued a show cause notice that he is absconding. A reply was faxed to them and showed the intimation of the extension of leave faxed to them. They denied ESIC benefits and asked him to render resignation. After treatment was over, he approached again and requested for reinstatement. No use. He approached the Ministry of Health, and upon pressure from the regional director of ESIC, they provided ESIC benefits and reinstated him.
Now, for some provocative dialogue, he shouted at a coworker. The superior sought an apology for this, which he gave in writing. After some weeks, the company issued a show cause notice of threatening, intoxication, terrorism, riot, etc., and sought an explanation. He replied sufficiently by exhibiting the cause of shouting and the apology rendered, etc., and asked for the supportings and witnesses of intoxication, test report, etc. The already decided company issued a charge sheet of the above serious misconduct and appointed an enquiry officer who is a factory manager in another company. The employee asked for legal help, documents, and witnesses. He also rendered a written statement which, if seen by common sense, can ensure that the charge sheet is utterly fabricated.
The enquiry proceedings were recorded by the employee on a mobile. Not knowing this, the enquiry officer concluded the enquiry on the second date by putting false statements and mentioning that the employee said he has no witnesses and documents to prove or adduce further. This proceeding sheet declined to be signed by the employee. Now, the EO submitted his report to the company favoring the company and denying all rights of the employee. Many letters were given to the company to adduce documents, witnesses, approval for legal aid, etc. Nothing was complied with by the company. Now the employee is asked to accept the enquiry report. The employee's status remains the same without any dismissal or suspension.
Can the employee seek any remedy other than waiting for the action or approaching the labor court? Can a factory manager undertake this job of enquiry? Can anyone provide a supporting citation to defend this?
R. George
raj@garwarepoly.com
jobin1000@rediffmail.com
From India, Aurangabad
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Now, for some provocative dialogue, he shouted at a coworker. The superior sought an apology for this, which he gave in writing. After some weeks, the company issued a show cause notice of threatening, intoxication, terrorism, riot, etc., and sought an explanation. He replied sufficiently by exhibiting the cause of shouting and the apology rendered, etc., and asked for the supportings and witnesses of intoxication, test report, etc. The already decided company issued a charge sheet of the above serious misconduct and appointed an enquiry officer who is a factory manager in another company. The employee asked for legal help, documents, and witnesses. He also rendered a written statement which, if seen by common sense, can ensure that the charge sheet is utterly fabricated.
The enquiry proceedings were recorded by the employee on a mobile. Not knowing this, the enquiry officer concluded the enquiry on the second date by putting false statements and mentioning that the employee said he has no witnesses and documents to prove or adduce further. This proceeding sheet declined to be signed by the employee. Now, the EO submitted his report to the company favoring the company and denying all rights of the employee. Many letters were given to the company to adduce documents, witnesses, approval for legal aid, etc. Nothing was complied with by the company. Now the employee is asked to accept the enquiry report. The employee's status remains the same without any dismissal or suspension.
Can the employee seek any remedy other than waiting for the action or approaching the labor court? Can a factory manager undertake this job of enquiry? Can anyone provide a supporting citation to defend this?
R. George
raj@garwarepoly.com
jobin1000@rediffmail.com
From India, Aurangabad
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Dear George,
By reading the complete story, I reached a conclusion that the company will dismiss this employee, and after that, the labour court is the only solution. If the company has decided to terminate your services, you cannot do anything in between; after termination, only then you can approach the court. Once management has decided, their decision will be final.
The appointment of an enquiry officer is valid, which cannot be challenged. The factory manager of another company or any other manager of the same company can be the enquiry officer. He can contest his case in court as the enquiry was not conducted by following the principles of natural justice, and the individual was not given a chance to defend himself.
Please do not refuse any communication by the company. You should take a copy of the enquiry report, make objections on it, and justify yourself. This will help you in court.
Thanks,
J.S. Malik
09810557181
From India, Delhi
Acknowledge(0)Amend(0)
174By reading the complete story, I reached a conclusion that the company will dismiss this employee, and after that, the labour court is the only solution. If the company has decided to terminate your services, you cannot do anything in between; after termination, only then you can approach the court. Once management has decided, their decision will be final.
The appointment of an enquiry officer is valid, which cannot be challenged. The factory manager of another company or any other manager of the same company can be the enquiry officer. He can contest his case in court as the enquiry was not conducted by following the principles of natural justice, and the individual was not given a chance to defend himself.
Please do not refuse any communication by the company. You should take a copy of the enquiry report, make objections on it, and justify yourself. This will help you in court.
Thanks,
J.S. Malik
09810557181
From India, Delhi
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc