1. Sir, Sh. Dinesh Divekar ji, in my opinion, has rightly opined that in the situation as mentioned by the initiator of this thread, Domestic Enquiry should have been conducted. Before going for Domestic Enquiry, a preliminary enquiry should have been conducted by the organisation as a fact finding process. Domestic Enquiries without a fact finding Preliminary Enquiry are meaningless since the management will not be having any proof to substantiate the charges levelled against the employee.
2. Secondly, regarding recoveries from the full and final settlement or deductions from wages of the employee, the question will also arise, in my opinion, whether the management has complied with the provisions of the Payment of Wages Act, 1936 so far as the same relate to deductions.
2. Secondly, regarding recoveries from the full and final settlement or deductions from wages of the employee, the question will also arise, in my opinion, whether the management has complied with the provisions of the Payment of Wages Act, 1936 so far as the same relate to deductions.