Facing Unfair Enquiry at Work: Can I Challenge the Officer's Biased Report?

I am working in a Pvt Ltd company. My company's management misused workers' PF money, which they had deducted from workers' salaries. I raised that issue, and as a result, an F.I.R. was filed. Subsequently, the management targeted me and suspended me in November 2014. The Enquiry is now complete, and throughout the entire process, the management failed to prove the charges leveled against me. Despite their failure to do so, the Enquiry officer is still giving his judgment against me. In his reports, he states that I am guilty of the charges.

Steps to Take Against Unfair Enquiry Conduct

I am wondering if there are any steps I can take against the Enquiry officer for his unfair conduct during the Enquiry. Are there any measures through which I can take the Enquiry officer to court for his unjust Enquiry report?

Please advise me as I am completely disturbed by this situation.

Thank you,
Mangesh N.

Understanding the Role of the Enquiry Officer

In the first place, you should not forget the fact that the Enquiry Officer is appointed by the Management. If he is an outsider, he is paid for the assignment by the Management; if he is another employee of the Company, the choice of his appointment is also that of the Management. So the degree of his neutrality and sense of justice in either case is always at stake for obvious reasons. The more tilting towards the Management's favor in matters of conducting the inquiry and findings of the Enquiry Officer, the more the gravity of the charges leveled and the fewer the chances of them getting proved. So no qualms about the inquiry at this stage for the simple reason that it can be struck down as vicious in appeal against the final punishment.

Regards

I am not an expert on this. However, from what I know, the domestic enquiry is supposed to be neutral. While neutrality is not generally possible, taking a stand contrary to evidence makes the enquiry null and void. You can challenge this in Labour court. If what you have written is correct, the judgment will be in your favor. You can provide the details of the case and the complaint filed by you as evidence in the court to show that you are being victimized.

The court in such cases will reinstate you with back wages and, in some cases, may even impose a fine on the management. I think the enquiry officer may also face strictures in the court or a penalty. I would like other senior members to give their opinion on this matter.

I agree with the views expressed by Saswata. Just because the enquiry officer is the management's appointee, you should not take things lying down, especially when you have raised a serious issue of management not complying with PF-related law. However, once the court gives judgment in your favor, it shall be curtains for you, at least with this employer, because they shall ease you out on some other excuse.

There is a provision to register a case under the "Industrial Ind. Act, 1947" - check Chapter V for unfair labour practices. Also, take assistance from a Labour Law Practitioner or Trade Union Leaders. In any case, it is a time-consuming process. Hence, while pursuing the case, you must find a job to withstand living odds.

The details are not clear. Were you charge-sheeted for raising a PF-related issue or some other matter connected with misconduct? Please talk to someone on mobile.

Before offering advice on the issue, I would like you to shed light on the following:

a. What is your designation in the organization as per the order and in practice?
b. What was the specific charge/act of misconduct leveled against you in the charge sheet?
c. Were you afforded the opportunity to defend your case during the course of the inquiry and allowed the help of a co-worker as a defense assistant?
d. Has a copy of the inquiry report been provided to you by the management?

Regards,
S.K. Johri

Thank you all for your valuable suggestions. I have already filed a case in the Labour Court regarding the victimization. Miss Saswata, I find your suggestion satisfactory. To everyone else, thank you for sharing your views.

Thanks to all of you.

Regards,
Mangesh N

As you posted information regarding the misuse of worker PF by your management, you don't need to worry. Firstly, report the PF complaint to the department and provide a copy to the labor department. The management cannot take any action against you if you are sincere and not involved in this corruption. Additionally, inform all other legal departments because they conduct inspections, especially if the company is not involved in any other illegal activities.

Regards,

The inquiry officer, who has been appointed by the management, will act in favor of the management to prove the charges levied against you. This practice is common in every industry and can be seen as an unwritten law. Don't worry; obtain the inquiry officer's report, identify the points where bias or favoritism may have occurred, and present your statement against the inquiry officer. Upon receiving the notice and the final order issued by the management, you can file a complaint under the Industrial Disputes Act.

Questions to Consider

Is your company governed by standing orders? What is your role within the company? What is the nature of your relationship with the company? Have you been placed on suspension pending the inquiry? Have you received any suspension allowances during this period? In which state is your company located? Can you provide more details?

Thank you.

While focusing on a reply to the query regarding the actions that can be taken against a biased inquiry officer, it is noted that although his report can be set aside by a labor court, the employee should cite extracts of relevant judgments from the Apex and High Courts to support their submissions before the inquiry officer. If the inquiry officer fails to adhere to the law of the land, and it is subsequently discovered that the applicable law was disregarded, the officer is deemed guilty of criminal contempt of court.

For reference, please see the case of Bardikanta v. Bhimsen Dixit from 1972, as decided by the Apex Court, and the case of Bitta v. Union of India from 2011, also decided by the Apex Court. The essence is that everyone is obligated to comply with the laws of the land. These submissions should be evaluated in the relevant case before the appropriate forum.

Thanks,

Sushil

I request to seniors, please explain to me the process of Domestic Enquiry.
1. Who is involved in the enquiry process?
2. Who appoints the enquiry officer?
3. Can management appoint an employee as the enquiry officer?
4. Which documents are basically required in the enquiry process?

I request again, please shed light on the above case. If possible, please send it to anujsaini6@gmail.com.