We have suspended 2 workers for mis-conduct committed by them and now enquiry is already started. In between both the workers submitted letter informing that, their outside union leader will defend them in domestic enquiry. As a Management can we allow to outside union leader to defend worker in domestic enquiry.
20th June 2019 From India, Chennai
Is your company has Union? if yes then is it registered or recognise by company? Is this affiliated from outside union?
Yes worker can approach co-colleauge for witness, proof or statement purpose etc., but he/she must be work in same company outsider are not allow in internal domestic enquiry. If the case has been reached at DLC office then he is allowed only in case of lawyer at his side.
20th June 2019 From United Arab Emirates, Dubai
Dear Mr Sudhir,
First Thing First.
The Charge-sheeted Employee, suspended-Pending-Inquiy has to defend himself/herself and the Role of his/her Co-woker or his/her Union's Office Bearer is "To assist the Charge-sheeted-Employee during ongoing Iquiry Proceedings being conducted by either the Inquiry Officer or the Inquiry Committee, as the case may be, duly appointed by the Employer/Disciplining Authority (Management), for the puspose of conduting Domestic /Internal /Depatmental/Managerial Inquiry in accodance with the Principles of Natural Justice as well as the Procedures prescribed/laid down for such Internal Inquiries.
It is setteled legal position that in such Domestic/ Departmental Inquiries, the Appointed Inquiry Officer or the Inquiry Committeee allows either a Legally-Traine Person (Advocate/Lawwyer) UNLESS the Employer/Punishing Authrotiy associates with the Inquiry Proceedings a Lawyer/Pleader etc. or an Outsider who is not the Co-worker of the Charge-sheeted Employee / Delinqunet Employee nor Outside the concerned Establishment's Regd Union's OB ought to be associated.
This Kritarth Team of Inquiry Officer has practiced the aforesaid for decades without any deviation or disagreement.
Kritarth Team
20 June 2019, Bengaluru Service Team
20th June 2019 From India, Delhi
Dear Sir,
Thanks for your valuable guidance Kritarth Team & Mr. Sandeep Sharma.
21st June 2019 From India, Chennai
The employee can prefer a co-worker to participate in departmental inquiry. The dictum of your standing order is final in the matter. If there is provision in SO to allow outsider/lawyer then you can not restrict.
21st June 2019 From India, Mumbai
The Management has no Role in this matter.The E O will decide based on Certified Standing Orders.The Presenting Officer can make his submissions either to permit or not to permit
23rd June 2019 From India, New Delhi
Our learned member Mr. Srinath is correct. Let me add a small point, unless it (allowing of outside union leaders in a domestic enquiry) is written in approved standing orders you need to comply this. otherwise you can disallow.
24th June 2019 From India, New Delhi
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