Umakanthan53
Labour Law & Hr Consultant

I have recd. domestic enquiry letter to whch I relied that in absence of my salary, wages etc. I can not come in enquiry, please send them immediately but they conducted enquiry in my absence now for cross examination they have given me another date and informing that if absent on this date also they will proceed for ex party. Is it legal? Can't it be raised/challenged in any court of law? Please guide.
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You've not given the complete details of your employment and the circumstances leading to domestic enquiry against you. My presumption, therefore, is that you belong to workman category and up on some serious misconduct, you have been placed under suspension pending enquiry. Whether or not there is certified standing orders for your industrial establishment, it is the duty of the employer to pay subsistence allowance at the admissible rates to you during the period of your suspension. If your allegations regarding non-payment of subsistence allowance even after demand and the conduct and continuance of the domestic enquiry ex-parte are true, then it is a very serious lapse on the part of the management in the disciplinary proceedings which will be culminating in the quashing of the entire disciplinary proceedings at the stage of judicial review over the punishment awarded in this regard. Since the D.P is not yet over, you can't seek judicial intervention at this stage.
Hi,
Your querry seems to be too cryptic.
You have not mentioned as to whether you have been placed under suspension pending enquiry and whether during the period under suspension you have been paid subsistence allowance or not and also whether you are stationed/residing at a place away from the location of your company/whether the enquiry is in progress.
In case you are residing at a place away from the place of enquiry and have also denied subsistence allowance you should approach a relevant court of law through a competent lawyer and project these issues and get the proceedings quashed/stayed.
S.K.Johri
Sir,

The same case holds true in my case also, I am a workman as Medical Representative and have been transferred to Chennai. the company has issued me Chargesheet , Show cause notice etc. for not joining. I have challenged the same that in absence of any certified standing order , State Industrial Employment Standing Orders Act is applicable which states that if an organization is having its admn./ factory out of the State, Employee can be transferred within the State only, to which the employers replied that the CSE is not working in any ESTASBLISHMENT hence State Industrial Dispute Act is not applicable. Secondly there are 4 industrial disputes running in Labour Courts, hence trnsfer of services is termed as CHANGE IN SERVICE CONDITIONS to which employers are not replying instead they have stopped my wages with an intimation that I shall be not allowed any salary, expenses etc. until and unless i join the transferred location beacuse it is a term of employment which has been mutually accepted to which it is been challenged upon by me. Any how I sent a reply of chargesheet narrating all the above factors and also full payment of wages before the commencement of enquiry and other reasons that the CSE should be allowed to be defended by a defender of his union, where also a condition has been laid that the defender should be a co worker working within the same div. and organization and same capacity. Is it legally valid? Now even in my absence the Enquiry has been proceeded as primary formalities like the reply of my all the allegations framed by the management in the form of Annexures no. and second date has been given to me with the threat that the same enquiry will be concluded Ex-party if I fail to attend the same. Is the arguement of the employers correct ? Are they not going against the labour Court regulations that during the pendency of proceedinngs they can conduct enquiry and that too without giving any back wages etc. Please enlighten the pros and cons of not attending/attending.
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