Umakanthan53
Labour Law & Hr Consultant
Psdhingra
Legal Analyst, Hrm
Mkandukuri
Director - Hr
Nathrao
Insolvency N Gst Professional
Hotgautam
Hr Manager
Rajmrpl
Service
+1 Other

PRIME SPONSOR - FACTOHR - Customised Payroll, GPS Enabled Attendance, Travel, Performance Management, HRMS. Explore Features
As per our company policy, the Workmen is covered under the Standing Order and an officer is covered under the CDA Rules. Can an workmen after getting promoted to Officer grade be charged under CDA rules for any misconduct charges levelled against him during the period when he was an workmen.
Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
I think it is strange that a workman gets promoted as an officer while certain charge of misconduct is pending against him. Can you please enlighten us whether the individual was charged prior to his promotion or charges were levelled against him after his promotion as a result of later finding.
Sir,
Thank you for your reply.
Regarding the query, no charge is pending against him when he is a Workman. He is charged for misconduct after his promotion as a result of later finding for things he has done when he was an Workman.
As per our company policy, an workman does not have any supervisory power and he is not covered under the Conduct Discipline and Appeal (CDA) rules. He is covered under the Standing Orders.
But here the employee after becoming an Officer is charged under CDA rules for misconduct done during the period he was a workman.
Thanks & regards,
Raj
Sir,
Just wanted to know whether the employee can be charged now (after becoming an Officer) under CDA Rules for charges of misconduct done during the period when he was a Workman and governed by the standing orders.
Thanks & regards,
Raj
Sir,
I think the misconducts in Standing Orders and CDA rules are the same.
So the employee should be charged under CDA rules(under which he is governed presently) for the misconduct done when he was workmen(when he was under Standing Orders.)
It depends on the charges leveled against him. Since he is a officer now, only CDA rules applies to him. If the misconduct committed is covered under CDA rules, he may be tried under it. It doesn't matter, whether it was committed during non executive period.
Sir,

Thank you for your reply.

Case history
"The Officer is charged for technically recommending a party and also accepting the change in quoted price during tendering process done when he was an Workman."

Being an Workman, he does not have the competence and technical knowhow or the authority for making technical recommendation.
The Workman does not have any authority to decide upon any matter including financial matters but only facilitates the functioning of the office as per the directors of the Superior. The entire tendering process was conducted under the direct supervisions and directions of the higher authorities

As a Workman he is governed under the Certified Standing Order and the misconduct charges leveled against him does not fall under any of the provisions of the said Standing Order.

Standing Order and CDA Rules are different. As per Standing Order, a Workman is a person employed directly by the company in its factory or any of its Establishments to do any manual, technical, operational, clerical or other work for hire or reward but excludes any one performing supervisory duties.
CDA Rules are applicable to Officers holding Supervisory post.
It seems the Company waited till the Workman got promoted to Officer level and than it implicated charges on him as per CDA rules.
Can the employee appeal against the disciplinary action as he did not had any supervisory power during the time of tendering and he had done on the advise / instruction of his seniors
It is not ethically right. You charge a person with rules and regulations prevailing at the time of offense and not as per Managements convenience. In such a case, you should not have considered him for elevation at all.
In my view, he needs to be left alone.
Can the management now take a disciplinary action as a matter of late finding against the Officer based on his prevailing grade for misconduct charges(which he is rebutted)during the period he was an workman and he did not had any supervisory power.
PRIME SPONSOR - TALENTEDGE "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA. View Courses

Add Reply Start A New Discussion






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™