Can an Employee Take Legal Action Over Alleged Unpaid Wages Despite Evidence?

Legal Concerns Regarding Employee Misconduct

Hello, I have a question. Ours is a KPO, and the office is open at night as well. I am working as the HR Manager. For the past few days, I was told once or twice that the office boy was coming to the office drunk. Only 2-3 people spoke to me regarding that, and the others denied noticing anything of such kind. Two days back, I got a call from the office (as I work day shifts) that the office boy was arguing with the team and was refusing to do the work he was supposed to do, like cleaning a certain area. I was also told that he was drunk. When I spoke to him over the phone, it was evident that he was drunk. He argued with me, saying that I cannot ask him to do something he doesn't want to do. I asked him to leave the office right away, and he did so.

The next day, I noticed that the attendance register was missing. I checked the cameras and saw that he was the one who came later and took away the attendance register, saying to others that he would go to the labor court as we had not paid him for the past 6 months. This is not true, as we have vouchers signed by him for the receipt of the salary. I had called him and left a message for returning the register, but it was of no use.

So, my final question is, in this scenario, can he take any legal action through the labor court?

Regards

Conducting a Domestic Enquiry

Give the employee proper written notice about the enquiry. Taking the attendance register is an offense by itself as it is company property and an official record. After the enquiry, lodge an FIR for the theft of the register and punish him for drunken behavior and absence from duty by gathering evidence from involved parties. People who witnessed him drunk and arguing have a video showing him taking the register. While proving his drunkenness in the office may be challenging, evidence of his absence, arguing, and the theft of the register can be presented, leading to the appropriate punishment of dismissal. If needed, let him proceed to the labor court, ensuring an unbiased enquiry and concluding the process with legal guidance. Do not be influenced by an office boy.

Issue him a show-cause notice, conduct a fair inquiry, and award punishment based on the standing order (model). You don't have to worry about going to the labor court when your actions are fair and proper. You don't have to worry.

Keep some security staff so that he does not come drunk again to the office.

First, register a case against theft of company property and ask the police to take a written letter from him apologizing and assure he will not repeat the same offense. Ask the police to leave once he submits the written apology letter. If he doesn't submit the written apology letter, then let the police take action against him.

After completing the above steps, issue him a warning letter, or you can even terminate him as you have evidence of theft of company property. Don't keep this kind of staff as they can harm other employees.