Handling Refusal: What to Do When a Workman Rejects a Misconduct Chargesheet?

Hi, I am Rajesh, working as a Senior Executive. What should I do if a workman denies taking the chargesheet issued against him for major misconduct?

Denying communication from the company also amounts to another misconduct. Counsel the workman that he is not doing the right thing, which may go further against him. Explain to him that denying the communication will create further problems for him. If he still does not accept the chargesheet, amend the chargesheet by adding the clause of denial of communication and include this as misconduct as well. Once you have made these changes, send the chargesheet to his residence by registered A/D, UPC, and Courier to ensure delivery. One copy of the chargesheet can be displayed on the Notice Board.

Regards,

You can send the charge sheet by Speed Post AD or Registered Post AD so that you have proof of sending. Kindly note that the UPC services have been discontinued by the Postal Authorities. In case he refuses to accept the same from the postman, you would get the packet returned with the same remarks from the Postal Department. This can be used as evidence in judicial proceedings.

I totally agree with Avika. The only thing I want to add here is that when you proceed further in such matters, you need to be extra cautious, as just a small error can vitiate your inquiry. Give him sufficient time to pursue his case, and do not proceed hastily in such matters. Record every proceeding conducted in the inquiry. If possible, take the signatures of a fellow workman of the concerned employee as a witness if the chargesheeted employee doesn't participate or cooperate in the inquiry. Before finalizing the inquiry report, please send the draft report and recommendations to the employee for his comments. If he does not respond or his comments are found unsatisfactory, inform the employee about the same through mail, and only then finalize it.

Our Labor Courts are biased towards workmen, and they need only one thing to strike out the management defenses. Don't give them that chance.

Regards,