Nagarkar Vinayak L
Hr-consultant
Kritarth Consulting
Spl Educators Posh Programs & Hr D &
Sharmavk05
Consultant

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R/ sir , I am working in panipat refinery . our company followed the certified standing order from last 22 years but now our management wants the amendment in certified standing order. According to existing provision , " where a workmen has been convicted for a criminal offence of grave nature in a court of law , he will be removed or dismissed from service with following the procedure laid down under clauses 21.2 to 21.7 of the standing order ". But now the management wants the amendment in all these rules and wants to bypass all these procedure laid down in clauses mentioned in 21.2 to 21.7. Means if ED / ED (i/c) / CGM wants or satisfied he can dismissed or removed without giving any verbal and written warning , without any charge sheet and without any enquirey . I want to know is it possible.
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Dear,
There is a legal process to amend the standing orders and without completing that process no one can amend the standing orders.
Regards,
Without giving an Opportunity to an Employed Person to explain and or defend the Allegations/ Acts of Misconduct leveled against the said Employed Person, and on receipt of the Written Explanantion in respect ofwhich an Inquiry as per the Principles of Natural Justice ought to be held, s/he ought not be Discharged or Dismissied from Employment, in our Indian Republic Constitutional framework.
Besides the aforesaid No Amendment to the Existing Certified Standing Orders Can BeValid and Applicable Untill and Unless the said Proposed Amendment is Approved by the Certifying Officer who has to follow/ abide by Due Process of Law prescribed in the Industrial Employment (Standing Orders) Act 1946.
Kritarth Team, Bengaluru Office,
26.4.2019
Dear colleague ,
The Certifying officer is legally bound to give sufficient opportunity to the affected parties ie Workmen/Union to give their say/objections to the proposed amendments.
Since the proposed amendments prima -facie are against the well established principles of natural justice, it is very unlikely that it will pass the muster.
Regards,
Vinayak Nagarkar
HR-Consultant
Dear friend,
Already our collegue posted their views to understand the issues. I understand your/everyones problem to bell the cat.
Submit the copy of draft SO for ammendment before the certifying authority. Leave the things in the court of certifying authority & others involved in the process.
If it gets passed, is okay. But I am fully confident & in doubt that the union would not agree to the point of ammendment proposed by the management.
This problem arises when people in position i.e. ED / ED (i/c) / CGM considers, what they feel should be the law!
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