Legal Consultancy
Asst Manager Hr
+3 Others

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Dear All,
Have one issue plz suggest,
Three days back one union leader caught red hand when he is pissing near to godown. immidiately manger sent him out side & told to not come to duty fom today onwards.
After two days ,other union leader & extrnal leader came to management & demanding to rejoin the sacked unio leader.but managment rejected. after that all contract labours went on strike.
Management is not intrested to take that person again to the work.
So kindly suggest me what action should be taken to stop the strike.

From India, Dharwad
Hi Nagraj,

Is he a contract labour union leader or union leader of regular employees ? If he a union leader of regular employees the punishment what you have given is improportionate and sacking an employee with out any domestic enquiry is illegal and against natural justice because you have not given him opportunity.

If he is a union leader of contract workers then also you have an issue because he is working for a contractor and the contractor is his employer and any action that is to be taken to be the contractor not you or the Manager.

If you have a labour license and all required formalities are in place wrt statutory compliance related to contract labour deployment then this is a good opportunity for you and the management to issue a contract termination notice to the contractor as the workers of the contractor are on illegal strike and due to sudden stoppage of work your company incurred huge losses hence termination with this all the issues will be clared. First of all find out the management readiness for taking such type of dastic action. If your management yields to the pressure and take him for work then he will be creating lot of nuisance to the organization.

Regards - kamesh

From India, Hyderabad
Dear Nagraj,
kindly tell us "pissing near to go-down" is a misconduct as per your standing order?
Second thing in your case you have not mentioned whether u serve any show cause notice to him also. better convince to your Management to take him back else if the case will go to Labour office you have to take him back with due payment of these non working days.
Ratikanta Rath

From India, Durgapur
Dear Ratikanth sir, First of all he is contract labour(contract labour union leader), and the said act is misconduct as per Standing order.
From India, Dharwad
Dear Nagraj,
if he is a contract labour, better talk to Owner of contractor and tell him to don't allow him to join duty in your place rather in some where else. i feel neither from company side any show cause notice to contractor or from contractor side any show cause notice regarding this misconduct has served as per your statement only Verbal order given by manger to sent him out side & told him not to come to duty from today onwards. No official record is there to prove the misconduct. so better talk to contractor and transfer him to some where else rather than ur company.
Ratikanta Rath

From India, Durgapur
dear mr nagaraj,
If the union leader is a permanent workman then terminating him in this manner is not valid. You could suspend him pending enquiry, issue charge sheet and take disciplinary action. Now your contract workers are supporting him. Tomorrow he may gather sympathy of permanent workmen who will use this opportunity to vent their grievances and resort to token strike also. The union leader can also approach Labour court for relief, if you are situated in maharashtra, he can seek injunctive relief of reinstatement. So you can issue chargesheet and conduct enquiry to control the situation.

From India, Pune
Dear Seniors n other members,
I do agree with Mr.Kamesh n Mr.Ratikant, one thing Mr.Nagraj u should first see that the act/matter is a missconduct as per ur standing order or not. U should go as per the rules and clause either it will be create problem.If it is not as per ur standing order call a meeting and solve the dispute.
Thanx & Regards,

From India, Bhubaneswar
You should keep that person again on work but with a written warning and apology letter.after all it’s your loss which u r bearing due to strike.
From India, Chandigarh
Hi Nagaraj,
I think he should be inducted into the service as soon as possible. else he may gather some strength and exploit the situation.
Also, you have mentioned him that he haven't obeyed the Standing rules, but if he may go to labor court there are chances that the judgement will be in his favor as unavailability of show cause notice from the company side.
After inducting him, give him a punishment like a few salary cut for the misconduct, transfer him where heavy duty demands.
Correct me if i am wrong.!
Thanks for your patience.
- Santosh

From India, Hyderabad
Pissing near the godown is not a misconduct warranting the extreme punishment no matter whether he is a company worker / union leader or contact worker/union leader. Disproportionate punishment given to workers is proof of the management being not a professional one. In the instant case, just a warning memo will be enough.
Sanu Soman

From India, Madras

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