gopalnanda2004200
1

There is a FIR against a workman lodged by an outsider on charges of not repaying Rs. 200,000 since years.
Based on FIR, can we terminate the accused from the service.
We have verified in the Standing Order but did not find any clause in the misconduct.
The accused never committed any misconduct in our factory.

Can our esteemed readers help us with the applicable legal action against the accused, if termination is not applicable?

From India, Bangalore
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Rkn61
Hr Manager
KK!HR
Management Consultancy
+1 Other

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rkn61
559

Please try to get a copy of FIR and make available with you.

As the workman concerned never committed any misconduct iin the factory as per your post -
this fact attracts weight-age with regard to his discipline in the workplace. So it is advisable
to summon him and tell him to settle the issue amicably with the outsider concerned.

What is his length of service with your company?

From India, Aizawl
gopalnanda2004200
1

Thanks Radhakrishnan Sir for your prompt educative reply. The length of service of the accused is 16 years without any misconduct.
From India, Bangalore
KK!HR
1317

The employer has no authority to take action on the basis of a criminal complaint made against an employee which has no rational connection with the employment. This is the position from the very famous Glaxo case onwards. This is only a criminal complaint for cheque bounce as per Negotiable Instruments Act 1881 and there is no allegation of any moral turpitude. So you are better advised to await the outcome of the criminal case and thereafter decide the course of action based on it.
From India, Mumbai

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