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jawaharlalgupta
Hi
Dear all.
plz. inform me how we can terminate an employe who came drunken in the night shift in the textile factory. what should be the procedure & what could be the material evidences fetched in this act ?
pls suggest awaiting a prompt response...
jawahar
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From India, Mumbai
malikjs
167

dear
termination of services are like a death penality in criminal offences.every on seen that culprit of mubai attack kasim and caught red handed still all formalities has to be conducted before imparting any punishment to him.
you have to ask explaination from him ,issue charge sheet,conduct domestic enquiry as per principle of natural justice,give him all opportunities to explain him self.
how u will prove now that he has drunken,have you got the medical report for the same.there are lot of lacunas for legal termination.
tks
j s malik

From India, Delhi
Awvik
10

Dear Mr. Gupta,
You can of course terminate an employee on the ground of entering the factory premises under the influence of alcohol but for that some procedure needs to be followed. Please do a preliminary investigation on the matter and try to gather as much proof as possible on the basis of which the charge-sheet will be issued. After that comes two options -- the employee admitting his misconduct for which you may or may not terminate him, or, the employee not admitting to his fault. In that case a proper domestic enquiry needs to be conducted and according to the principles of natural justice all oppurtunities for his defence needs to be given to him. If the misconduct is proved then only you can go ahead and do what you want. Otherwise not.
Regards

From India, New Delhi
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