Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Kritarth Consulting
Posh Programs; Hr Management Consultants
Sachinphulari
Asst Manager - Hr

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Dear Veterans, Need your help in below case:
Case:
Mr Anilkumar, a technician in your factory had been a chronic absentee. He had been absenting from his work periodically and for prolonged period. He has been counseled quite a few times, but records are not kept and awarded few punishments in the past after conducting enquiry. In each of the cases he accepted hi fault at the first instance and the matter was closed with punishment.
On the last occasion, he absented from 1st June 2018 to 15th Nov 2018 without permission and one last chance was given to him.
On 10th Dec 2018, he gain started absenting from his work without any permission till issue of his charge sheet dated 11th April 2019.
The management is considering his dismissal on account of his persistent absenteeism.
Anil was issued a charge sheet and a domestic enquiry was conducted. He fully participated in the enquiry along with his representative. His representative happened to be his brother, an educated person, but not an employee of the organization. He was held guilty by the EO. The EO submitted his report to the DA.
He was issued second show cause notice proposing to dismiss him and seeking his response as to why he should not be dismissed for his continued absenteeism.
Anil responded that he should not be dismissed for following reasons:
1. The referred charge sheet was never issued to him except that he got his copy during enquiry.
2. It is an incorrect allegation that he has a habit of indulging in unauthorized absenteeism as his previous absences were never proved through the enquiry.
[Note: It is a fact that the previous domestic enquiry was not carried out strictly as required and once he admitted his fault the enquiry did not proceed further]
3. That as such the above referred absence is his first offence and hence he deserves to be given a second chance
Now I need to answer below questions, plz put some light on it.
1. What would be our recommendation to the management w.r.t. punishment?
2. Drafting a final letter of punishment.

From India, Mumbai
If the charge of misconduct is accepted by the delinquent, no necessity to conduct domestic enquiry in case of the proposed punishment being other than dismissal.
The reasoning behind the final reply of the delinquent is totally unacceptable as he had never questioned the earlier punishment by way of any appeal to a higher authority in the organization or raising any industrial dispute before the Conciliation Machinery under the ID Act,1947.

From India, Salem
Based on the findings of enquiry officer you can dismiss this worker. There is no question of first offence or second offence. Since he is habitual absentee and his misconduct proved during a properly conducted domestic enquiry you take dismiss him. with regard to draft final letter, you prepare and post before us, we validate.
From India, New Delhi
Once the Employer (read Punishing Authority) issued the Proposed Punishment Letter to the Delinquent Employee who attended the Domestic Enquiry held (let us presuppose) in accordance with Principles of Natural Justice in the aftermath of Submission of Inquiry Report with Definite and Conclusive Findings of the Enquiry Officer, the Employer Must Have Applied his/her Mind to the Inquiry Findings and would have surely decided to give Proportionate Punishment which is OProposed Order of Dismissal, the Employer can go ahead with Proposed Quantum of Punishment of Dismissal.
Hoever, ifthe Employer has Not issued a Proper Charge-Sheet/ Show-Cause Notice informing the Delinquent Employee ofabout the Charges /allegation of Misconduct or the Enquiry has not been held properly, then the Employer has a Better Option to Restart the Disciplinary Action-Steps, Afresh to obviate Order of Reinstatement issued by the Authority concerned.
Examine the Facts on Record and Actjudiciously/Scrupulously
Kritarth Team of Domestic Enquiry Practioner
Beengaluru
22 Nov 2019

From India, Delhi
Thank you very much for all the valuable inputs. I was getting little confused on his reply points. Whether we can dismiss him or not, that was bothering me. Now its clear that as he was habitual absentee, we can dismiss him based on the findings of EO.
Sirs, can you help me with a format of punishment letter if any. So that I can draft and send it across to you for validation

From India, Mumbai
Based on the findings of enquiry officer you can dismiss this worker. There is no question of first offence or second offence. Since he is habitual absentee and his misconduct proved during a properly conducted domestic enquiry you take dismiss him. with regard to draft final letter, you prepare and post before us, we validate.
From India, New Delhi
Dear Sir,
As advised by you, have prepared the draft of Dismissal Order in the above case. Request you to validate the same and share your views.
Dismissal Order
Date -
From
The Disciplinary Authority
To
Mr Anil Kumar
Technician
Sub – Dismissal on account of habitual absenteeism
Dear Mr Anilkumar,
You were charge sheeted vide this office letter no…..dated…. and you submitted your explanation too. An enquiry committee was set up to hold an impartial enquiry into the matter and provide you ample opportunity to defend yourself. You fully participated in the current enquiry along with your representative and the EO held you guilty of the charges levelled against you.
In the past also you were charged with same misconduct of habitual absenteeism, enquiry was held and you accepted the charge also. In addition to it, you were counselled on multiple occasions in good faith. However, no improvement was observed.
The reasons given by you to your 2nd show cause notice are untenable. It is with deep regret the undersigned is of the opinion that your misconduct is of grave nature which cannot be taken leniently anymore and strong disciplinary action i.e. dismissal from service is warranted as per clause no………..of Factory Standing Orders. A person of your capability, getting dismissal because of such charge of misconduct is a sad thing to happen.
You are hereby directed to handover all the company’s material in your possession to concerned departments and obtain “No Dues” certificate so that your terminal dues are released as early as possible.
Disciplinary Authority

From India, Mumbai
Draft is perfectly okay; however suggesting following changes.
QUOTE
You were charge sheeted vide this office letter no…..dated…. and you submitted your explanation which was received by us on--. With a view to maintain natural justice, an enquiry committee was constituted by the management to hold an impartial enquiry into the matter and provided you with ample opportunities to defend yourself. You have fully participated in the current enquiry along with your representative, and the EO found you guilty of the charges levelled against you.
In the past also you were charge sheeted with same misconduct of habitual absenteeism, enquiry was held and you accepted the charge also. In addition to it, you were counselled on multiple occasions by the management in good faith. However, no improvement was observed from you
The reasons given by you to your 2nd show cause notice are untenable, unjustifiable and irrelevant. Undersigned , after perusing the report from the Enquiry Officer. is of the opinion that your misconduct is of grave nature which cannot be taken leniently anymore and strong disciplinary action i.e. dismissal from service is warranted as per clause no………..of Factory Standing Orders. A person of your capability, getting dismissal because of such charge of misconduct is a sad thing to happen.
You are hereby directed to handover all the company’s property in your possession to your immediate supervisor and obtain “No Dues” certificate from all the departments concerned, so that your terminal dues are released as early as possible.
UNQUOTE
only few gramatical erros are rectified.
Good draft

From India, Aizawl
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