a employee is terminated for his misconduct of assaulting his co worker outside the premises the assault incident happened due to the quarrel between them during working hours. show cause notice issued, he has been suspended subsistence allowance paid and he is terminated by conducting domestic enquiry, he has not attended the proceedings even multiple oppurtunites provided, it decided is by the officer on ex-party. he has been terminated from service. the gratuity amount paid to him by cheque and he encashed the cheque under protect. Now he approached the labour cout under section 2aa of the ID act.
is it valid o n part of him? what are all the possibilities to counter the employee?
From India, Srivilliputtur
is it valid o n part of him? what are all the possibilities to counter the employee?
From India, Srivilliputtur
you can defend your case by appointing a good lawyer to represent you. you have valid reasons to terminate. you followed principle of natural justice by conducting domestic enquiry and fair opportunity given to delinquent to represent his case, but he failed to appear before the enquiry officer. it is upto the labour court to decide upon the case of the delinquent. but you need to give one month notice pay and all his terminal settlement like leave salary, bonus and other benefits.
From India, New Delhi
421From India, New Delhi
An exparte enquiry is valid provided it has followed all laid down parameters of such enquiries.
A good lawyer can bring out the facts of the case and get it dismissed from Labour Court.
Whatever authorised dues to worker must be released in time.
.
From India, Pune
A good lawyer can bring out the facts of the case and get it dismissed from Labour Court.
Whatever authorised dues to worker must be released in time.
.
From India, Pune
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Form for memorandun of sellement of industrial dispute between employer and employees.doc
Industrial Dispute Act.ppt