Supply Of The Punishment Order In Vernacular Language Is Compulsory For Award Staff - CiteHR
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Dear Seniors is supply of Punishment Order to an award staff working in a banking industry is compulsary under the provisions of relevant bipartite settlements applicable to them. as the concerned award staff was issued with the chargesheet in vernacular language but punishment order not. what would be the repurcussions if not supplied in the language in which the eemployee understands.
regards
a k dubey
manager hr & ir
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Para 16 of the the Bipartite Settlement dated 10th April 2002 lays down that any notice or order shall be in a language understood by the employee concerned.the bipartite Settlement does not say that punishment or any order shall be in the vernacular of the employee. If the employee understands English, it can be in English or in HIndi even if it is not his vernacular language. If the emplloyee does not understand any language other than his verancular lanaguage(mother tongue), then the punishment order shall be in his verancular language, failing which it amounts to breach of settlement and principles of natural justice. However, if the employee complianed about the language of the penalty order at the time, when it was served, theBank can give a vernacular version of it along with the English or Hindi version.
B.Saikumar
Mumbai
sIR, th employee has never complained to supply the punishment order or appellate order in vernacular language. if the punishment order or appellate order has already been served on the employee is it necessary to issue the order afresh along with vernacular language copy of the order. can we not simply supply a vernacular language copy of the order after lapse of two months time and that too when failure of conciliation has taken place.
dear sai kumar sir i would like to be in constant touch of you please leave your contact details to me. if any formal/professional joining is concerned please do let me know about it. regards a k dubey manager hr & ir mob no 8001522152.
If the employee has never complianed about the language of the order or made any demand that it should be in vernacular language and he accepted the service, then there is no violation of principles of natural justice, however, by way of abundant precaustion, if you can also serve a verancular copy of the order, it is welcome.
B.Saikumar
HR & Labour Law advsior
Mumbai
in past the appellant only complained that enquiry proceedings were not undertaken in bangla but never specifically complained to supply the punishment order or appellate order in bangla. also you didnt say that issuance of order afresh is necessary and your contact mail
Firstly, you can not expect specific replies when the information furnished by you is inadequate and general in nature. Now you are revealing that the delinquent employee has previously complained about not conducting the departmental enquiry in Bangla. If this is the case, you should have visualised the probable contentions which the said employee would make in future, if the communications/orders are not sent in Bangla and should have enclosed a vernacular version of the punishment order with the English version.It should not have been difficult for some one working in Kolkota to have a Bangla version of the order.
B.Saikumar
HR & Labour la Advsior
Mumbai
we haven't issued a copy of the punishment order in bangla but have issued the appellate order copy in bangla after lapse of two months time. now at this juncture can we issue a copy of the punishment order in bangla or the appellate order copy would suffice the purpose. However, if both the orders have already been served is it necessary to issue the order afresh along with bangla version when a copy of punishment order has already been submitted to conciliation officer which ended in failure. finally if not issued in vernacular language is it that the entire disciplinary proceedings instituted in his case would be quashed.
Mr.Dubey
You have served the punishment order agaisnt which the workman has made an appeal and the Appellate Authority has disposed the appeal by passing an order which was communicated in Bangla. I presume he accepted it. Thus it will not adversely affect the enquiry proceedings.Now it is not advisable to issue a copy of the punishment order in verancular.It may complicate the issue.
B.Saikumar
HR & Labour Law Advsior
Mumbai
RESPECTED sIR, FIRST OF ALL I WOULD LIKE TO THANK YOU FOR YOUR ALL ROUND SUPPORT IN THESE DAYS OVER THE MATTER AS SUCH AND WOULD LIKE TO OWE YOUR EFFORTS. FINALLY I WANT TO KNOW BY NOT ISSUING THE APPELLATE ORDER AFRESH ALONG WITH THE BANGLA VERSION AS THE APPELLATE ORDER WAS ALREADY SERVED UPON THE EMPLOYEE IS IT THAT WE ARE LOOSING SOMETHING. PLEASE DESCRIBE IN WHICH CASES CIRCUMSTANCES ANY ORDER IS TO BE ISSUED AFRESH. WITH HEARTIEST REGARDS A K DUBEY MANAGER HR & IR MOB 9933355979 8001522152 MAIL
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