Dear Experts:
There are cases of gained employment under fraudulent act of submission of testimonials like transfer certificate, mark sheets etc of different persons at the very beginning of employment but their acts have been revealed whilst the employees were submitting their Aadhar Document, in which their name, father's and other and other particulars are completely different. At the time of general enquiry of the official to find out the facts, the employees themselves have confessed that they are produced fake certificates of different people for gaining the employment. They are working for the past 14 years or so as workmen. There were no adverse remarks against them during their employment. Now, we have initiated disciplinary action against them. In their explanation they have admitted their guilt. My queries are -
I) How we can now correctly address them by name in any further documents?
2) In what way we can make subsistence Allowance, as they are now under suspension pending enquiry?
3) If they come for any amicable settlement, how can we go by such settlement at this time?
4) If they resigned the job, how can we settle their dues both final settlement by company and statutory dues?
5) If they are dismissed how can they settle their dues with the company?
6) Lenient view if any be taken by the company for the sake of humanitarian ground what would be the legal consequences?
7) Being a case of imposonization, whether the company needs to make police complaint against such erring employees or the action taken by the Management in accordance with the standing orders could be enough?
8) Any other relevant information.
I request Expert views.
Thanks & regards,
There are cases of gained employment under fraudulent act of submission of testimonials like transfer certificate, mark sheets etc of different persons at the very beginning of employment but their acts have been revealed whilst the employees were submitting their Aadhar Document, in which their name, father's and other and other particulars are completely different. At the time of general enquiry of the official to find out the facts, the employees themselves have confessed that they are produced fake certificates of different people for gaining the employment. They are working for the past 14 years or so as workmen. There were no adverse remarks against them during their employment. Now, we have initiated disciplinary action against them. In their explanation they have admitted their guilt. My queries are -
I) How we can now correctly address them by name in any further documents?
2) In what way we can make subsistence Allowance, as they are now under suspension pending enquiry?
3) If they come for any amicable settlement, how can we go by such settlement at this time?
4) If they resigned the job, how can we settle their dues both final settlement by company and statutory dues?
5) If they are dismissed how can they settle their dues with the company?
6) Lenient view if any be taken by the company for the sake of humanitarian ground what would be the legal consequences?
7) Being a case of imposonization, whether the company needs to make police complaint against such erring employees or the action taken by the Management in accordance with the standing orders could be enough?
8) Any other relevant information.
I request Expert views.
Thanks & regards,