Labour Law & Hr Consultant
Process Industry Consultant / Soft Skill
Mindhour Partner, Ass.professor/adm. Officer,
Korgaonkar K A
Venkata Vamsi Krishna Patnaik
Rajesh Kumar Dubey
Manager - Hr
Senior Manager -hr
What is transpired from your post is that your CSO is missing and you want to initiate the disciplinary actions with workforce without signed copy of CSO.
You try to get a signed copy or else go for re-certification. The model standing orders can be followed for initiation of actions in the absence of certified SO.
But your organization has ruffled the issue with the workers without tracing a CSO. Better wait for finding the CSO or getting it certified, or else take the bold step of going ahead like without a written constitution many countries operate, you also can operate in cases of exigencies of indiscipline.
5th May 2018 From India, Hyderabad
You may follow the Model Standing Order as prescribed in Maharastra,
And Try to get to be implemented in your company. The domestic enquiry will be held valid if provision are followed as per Model Standing Order.
Your advice / action are awaited
5th May 2018 From India
At the outset, it may be noted that no Court grant stay order against the disciplinary proceedings.
It is true that your Company has a Certified Standing Oder. The workmen are aware of the said fact.
Since you have unsigned copy of the Certified Standing Order you may get the same duly certified and proceeding with the disciplinary proceedings failing which if the workmen approach the Labour Court at the time of challenging the validity or otherwise of the Domestic Enquiry held by the Management the Court may vitiate the enquiry.
Even though you follow the Model Standing Order the chances vitiating the enquiry still remains for the reasons you already have a Certified Standing Order.
S G Management Services
6th May 2018 From India, Kolkata
In my view, by being unable to provide original copy of the CSO will not by itself vitiate the enquiry proceedings. The MR should make written submission before the Enquiry officer that the original CSO will be provided as and when found and the enquiry should proceed with the available CSO copy.
With the appropriate ruling to this effect by the EO, and the fact that the Court has not stayed the proceedings, the the enquiry if proceeded further will not suffer any infirmity.
7th May 2018 From India, Mumbai
7th May 2018 From India, Mysore
At the first, As and when your office come to the conclusion that prima facie there is a violation of duty/service by the employee proceed with the enquiry and never look back for want of CSO.
Secondly.. the CSO will certainly be available with the labour office who have certified, may be due to making divisions the CSO available with the oldest of records. Since, you know the year, tracing the CSO will not take much time. Also, find out the CSO in some enquiry files (probably names changed go through Personnel files CSO copy may be available) In earlier days enquiries are held by the personnel department, now, there is a change as legal cell, enquiry office, establishment section etc.,
Thirdly, you are going to conduct the enquiry adhering the norms and there will certainly no violation thus, proceeding with the enquiry will get valid.
Fourth, never allow the tactics of delaying, willy nilly acts, this prove costly in the long run.
best of luck...
7th May 2018 From India, Arcot
11th May 2018 From India, Mumbai
(1) The copies of the originally certified S.O would have been immediately sent to the unions participated in the certification process by the Certifying Officer. Whether the Management took any steps to verify with such unions?
(2)What prevents the Management to apply for recertification ,if the untraceability of the original is authenticated by the Certifying Officer and till then apply the provisions of the Model Standing Orders applicable if both are not contradictory to each other?
If "no" is the answer to the above questions, there is a possibility of some reasonable doubts that the Management wantonly tries to hide some failure on its part to amend the original in accordance with some subsequent material changes like change of the name of the Company, classification of workmen, list of misconducts and the like. Otherwise, why the questioner is so much worried about the enquiry to be declared as null and void just because of the Management's inability to provide the copy of the original CSO? After all, whether the year of certification was 1963 or some other, no disciplinary enquiry violative of the Principles of Natural Justice which remains the same would be approved by the Certifying Officer.
11th May 2018 From India, Salem
Since you have not been able to trace the original CSO, try to update the SO by adding the new provisions (like the payment of subsistence allowance, fixed term appointment, prevention of sexual harassment measures) and apply for re-certification.
12th May 2018 From India, Mumbai
My short & sweet answer to your query is, you should follow as per certified SO. Get the SO re- certified immediately.
18th May 2018 From India, Mumbai
You have the option to issue fresh chargesheet under Model Standing Orders and proceed with the enquiry. Because if you proceed, it will also amount to contempt of court as the directions are not followed. Before the Court you can file application that fresh chargesheet is issued hence complaint be disposed off. In one of my client co we did the same and enquiry was conducted de novo. Ultimately matter was settled.
25th May 2018 From India, Pune
1) Proceed with enquiry and hold the disciplinary action part, till CSO is authenticated.
2) Parallel action has to be taken for getting CSO draft registered.
3) In the meantime, if you can locate the evidence for distributing the previous standing order with the acknowledgement of the union it will do you a lot of good.
2nd June 2018 From India