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sharmavk05Dear Mr Shaikh,
As per given information, if you have accepted the warning letter then you are not entitled to any back wages since the warning is the simplest way of punishment against any misconduct.
From India, Delhi
Basically the management has issued suspension order stating the separate charge sheet will be issued and domestic enquiry will conduct furthermore they have stated that the names of E.O and the date, place of enquiry will be communicated by separate letter.
As per the provisions of Certified Standing Orders applicable to company, Non of these happened, for more clarification i am sending extract of certified standing order applicable to the company.
23. Misconduct: Enquiries, Procedure and Punishment: -
1. A workman against whom any action is proposed to be taken for misconduct may be suspended pending the enquiry or for the period, if any, allowed to him for giving his explanation. The order of suspension may take effect immediately on its communication to the workman. If as a result of the enquiry held or explanation tendered, it is decided not to take any action under Standing Order 23(3) the workman shall be deemed to have been on duty and shall be entitled to full wages and all privileges for the period of suspension.
2. A workman against whom an inquiry is to be held shall be given a charge sheet clearly setting forth the circumstances appearing against him and requiring explanation. He shall be given an opportunity to answer the charge and permitted to be defended by a workman working in the same department as himself. Except for reasons to be recorded in writing by the officer holding the enquiry, the workman shall be permitted to produce witnesses in his defense and cross examine any witnesses on whose evidence the charge rests. A concise summary of the evidence led on either side and the workman’s plea shall be recorded.
3. A workman guilty of misconduct may be: -
a) Warned or censured or
b) Suspended on order in writing signed by the Manager for a period not exceeding four day’s or
c) Subjected to action as permitted in the Payment of Wages Act, 1936 or
d) Dismissed without notice or compensation in lieu of notice.
4. No order under sub-clause (c) of clause (3) shall be made unless the workman concerned has been informed in writing of the alleged misconduct and given an opportunity to explain the circumstances alleged against him.
5. No order of suspension or dismissal under Standing Order 23(3) (b) or (d) shall be made except after holding an inquiry against the workman concerned in respect of the alleged misconduct in the manner set forth in Standing Order 23(2).
If a workman refuses to accept a charge sheet and provided that he has been asked to accept the charge-sheet in the presence of at least one witness, be shall be told verbally the time and place at which the enquiry into his alleged misconduct is to be held and if he refused or fails to present himself at that time, the inquiry shall be concluded ex-party and the punishment awarded shall take account of misconduct under Standing Order No.22 thus committed.
6. In awarding punishment under this Standing Order the Manager shall take into account the gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances that may exist.
24. Misdemeanor: -
A workman may be warned or censured, or, after giving him an opportunity to be heard action as permitted in the Payment of Wages Act, 1936, may be taken against him, for any of the under noted offences: -
a) Late attendance.
b) Negligence in performing duties.
c) Neglect of work.
d) Absence without leave or without sufficient cause from the appointed place of work.
e) Entering or leaving or attempting to enter or leave the premises of the establishment except by agate or entrance appointed.
f) Committing nuisance on the premises of the establishment.
g) Breach of any rule or instruction for maintenance or running of any department.
IN light of the above provisions of the Certified Standing Order applicable to company, i think the delinquent employee is eligible for full wages of the suspension period.
From India, Nashik