What Happens If a Punishment Order Isn't Given in a Language the Employee Understands?

Dear Seniors, The supply of a Punishment Order to an awarded staff member working in the banking industry is compulsory under the provisions of relevant bipartite settlements applicable to them. The concerned staff member was issued a chargesheet in the vernacular language, but the punishment order was not provided. What would be the repercussions if the order is not supplied in the language understood by the employee?

Regards,
A.K. Dubey
Manager HR & IR

Language Requirements for Punishment Orders

Paragraph 16 of the Bipartite Settlement dated 10th April 2002 states that any notice or order should be in a language understood by the employee concerned. The bipartite settlement does not specify that punishment or any order must be in the vernacular of the employee. If the employee understands English, it can be in English or in Hindi, even if it is not their vernacular language. If the employee does not understand any language other than their vernacular language (mother tongue), then the punishment order should be in their vernacular language, as failing to do so amounts to a breach of settlement and the principles of natural justice. However, if the employee raises a concern about the language of the penalty order at the time of service, the bank can provide a vernacular version in addition to the English or Hindi version.

Regards,
B. Saikumar
Mumbai

If the employee has never complained about not receiving the punishment order or appellate order in the vernacular language, and if these orders have already been served, is it necessary to issue them again along with a vernacular language copy? Can we not simply provide a vernacular language copy of the order after two months, especially when the failure of conciliation has occurred?

If the employee has never complained about the language of the order or made any demand that it should be in the vernacular language and has accepted the service, then there is no violation of the principles of natural justice. However, as a precautionary measure, if you can also provide a vernacular copy of the order, it is welcome.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

In the past, the appellant only complained that the enquiry proceedings were not undertaken in Bangla but never specifically complained about the supply of the punishment order or appellate order in Bangla. Additionally, you didn't mention that the issuance of the order afresh is necessary. Please provide your contact email.

Thank you.

Firstly, you cannot expect specific replies when the information furnished by you is inadequate and general in nature. Now you are revealing that the delinquent employee has previously complained about not conducting the departmental enquiry in Bangla. If this is the case, you should have visualized the probable contentions which the said employee would make in the future if the communications/orders are not sent in Bangla and should have enclosed a vernacular version of the punishment order with the English version. It should not have been difficult for someone working in Kolkata to have a Bangla version of the order.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

We haven't issued a copy of the punishment order in Bangla, but we have issued the appellate order copy in Bangla after a lapse of two months. Now, at this juncture, can we issue a copy of the punishment order in Bangla, or would the appellate order copy suffice for the purpose? Additionally, if both orders have already been served, is it necessary to issue the order afresh along with the Bangla version, especially when a copy of the punishment order has already been submitted to the conciliation officer, resulting in failure? Finally, if not issued in the vernacular language, does it mean that the entire disciplinary proceedings instituted in his case would be quashed?

You have served the punishment order against which the workman has made an appeal, and the Appellate Authority has disposed of the appeal by passing an order communicated in Bangla. I presume he accepted it. Thus, it will not adversely affect the enquiry proceedings. Now, it is not advisable to issue a copy of the punishment order in vernacular. It may complicate the issue.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

First of all, I would like to thank you for your all-round support during this time. I appreciate your efforts. I want to inquire about not issuing the appellate order afresh along with the Bangla version, as the appellate order has already been served to the employee. Are we missing something by not doing so? Please explain under what circumstances an order should be issued afresh.

With warm regards,

Regards

You have stated in an earlier post that you served the appellate order in Bangla even though it was after two months. However, in today's post, you mention that the appellate order was not issued in Bangla. What I understand is that you did not serve the vernacular version of the appellate order simultaneously with the English (or Hindi) version, but rather after two months of serving the English version. You want to know whether the failure to serve both the English version and Bangla version simultaneously will pose any risk to the validity of the disciplinary proceedings.

Since you served the Bangla version of the appellate order even after two months had passed, and the chargesheeted employee remained silent thereafter, I do not foresee any risk to the disciplinary proceedings. If he had any grievances regarding the English version of the order, he should have raised them immediately, not after a significant amount of time.

However, you cannot retract the disciplinary proceedings now, as the entire disciplinary process has been completed. Therefore, you need not worry excessively about it. If the employee raises the issue during conciliation or adjudication, you will need to present your defense at that time.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai