To exert more pressure, go to labor inspector and ask them to launch an investigation under Shops and Establishment Act, also if your PF or ESI is also not submitted then go to respective enforcement offices and lodge a complaint.
1st November 2016 From India, Kolkata
1st November 2016 From India, Salem
3rd November 2016 From India, Kanpur
First of all, you should clarify whether you are affected or you are asking on behalf of a worker or on behalf of the management, as nothing can be construed from your ID, "Pharma Company HR"?
Secondly you have still not stated the status of the case after issue of notice, whether the worker replied the notice or not. If yes, what was the substance of his reply and what action the management proposed to take on that?
Thirdly, whether the worker filed a case in the labour court or not. If filed a case, what is the outcome of that case?
4th November 2016 From India, Delhi
6th November 2016 From India, Kanpur
From your posts, it reveals, wither you are not fully aware of the case history, or are trying to play with the wits of the community members of CiteHR and have posted merely a test question to test the knowledge of the members.
The referred Act do not contain Rules, rather that contains Sections. Further, even if you have referred Rule from the Industrial Rules, there is no such Rule 13(6A) in such Rules. Moreover, Rule 13 relates to Place and time of hearing, not about CSO or the transfer of the workers.
Still further, if you intended to say section of the Act no such section 13(6A) exists in the Industrial Disputes Act. In that case also, Section 13 relates to Duties of Board. So, from where the question of CSO or transfer of workers arises.
However, if there actually exists Rule or Section 13(6A) in the Industrial Disputes Rules or Act of any State, you may please indicate to which state the case relates, so that the Rule or section of that State may be referred for reply.
Besides that, if there is any truth in your story, you may better re-read my questions and provide information according to my questions, item by item, not some different story.
Still further, you may please discuss the background of the case with reply to the following more questions:
1), How and when the worker was transferred from which place to which place?
2) Whether he joined duty or not at the place of transfer? If not since when he is absent?
3) To which inquiry you have referred, whether domestic inquiry or the inquiry by the labour department?
Without proper background of the case you cannot expect any viable solution. Otherwise, you can only expect contradictory replies, based on the guess work of varied nature by the respondent members.
Raw knowledge, if you try to gain on your hazy question can harm your co-worker more than can provide any benefit.
7th November 2016 From India, Delhi
2) The worker did not join his duties but raised a C.B. dispute in the labour court which is still in
progress. The management after transfer made domestic enquiry alleging 'Misconduct' for not
obeying the transfer order which also was closed with in 2months without any punishment and
till date no interim relief/ no salary etc. The transfer is against the Model Standing Orders of U.P.
19th May 2018 From India