What relief an employee entitled when domestic enquiry for alleged mis conduct has not been conducted even after lapse of four years. Employee was paid 50% of wages towards subsistence allowance for first three months after suspension. Though enquiry officer was appointed. No enquiry was conducted. No final order has been passed so far. Suspended employee challenged the same in labour court and the same is pending. His nature of work was administrator. Can he claim relief as workmen?
N L BABU
Dear NL Babu,
What is the nature of your industry? Do you work in Government organisation or PSU or private organisation? Before approaching labour court, did you approach Labour Officer (LO)? If yes, what was his recommendation?
It is unfortunate that your organisation did not complete the domestic enquiry even after four years and neither the case has come up for hearing. It is double whammy for you. However, talk to your lawyer and find out whether fresh prayer can be submitted to the court. At this stage, since the matter is sub judice we the members of this forum cannot give any advice as such.
Thanks,
Dinesh Divekar
Sir,
Ours is a teaching hospital attached to a private medical college. What relief the suspended employee entitled?
Please let me know
N L BABU
Dear colleague,
You should have written letter to the company during the period of suspension pending enquiry or immediately on completion of suspension period that you should be allowed to join duty, suspension be revoked and charge sheet be withdrawn since no enquiry was conducted. You should have forced yourself to join duty apart from invoking legal course. The very fact that four years have passed without enquiry being held , shows charges are false . It is difficult to understand how the case has dragged its feet for such a prolonged period without any relief in your favor. There has to be some interim order and you follow up with your lawyer for faster outcome.
Regards,
Vinayak Nagarkar.
HR- Consultant
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