We are the corporate based listed company having multiple divisions around the Maharashtra State. Workers are governed under Certified Standing Orders (herein after referred as CSO) of the company. Accordingly, based on the provisions of the CSO the management is initiating disciplinary actions against the wrong doer. The said CSO has certified by the Labour Commissioner Mumbai in the year 1963.
At present some domestic enquiries are in process, wherein the workers representative has filed application to provide Signed copy of CSO. Last time also we tried to tress out original signed CSO copy but the copy was not available, we also inquired with Labour Commissioner office, there also old records are not available.
Meantime the worker's representative file Interim Application before Industrial Court for stay to the enquiry proceeding till the CSO copy is not allotted for defense. The court has not allowed Interim application for stay to enquiry but given directions to give copy of CSO to them. As per directions we have given un-signed xerox copy of CSO. The worker has filed another application to provide signed copy. Now we are plan to proceed further to complete the enquiry.
Under the circumstances, since we are not able to provide signed copy of CSO, whether the enquiries will be held as perverse and illegal ? what are the steps has to be taken to continue & to complete domestic enquiry in absence of signed copy of CSO.
At present some domestic enquiries are in process, wherein the workers representative has filed application to provide Signed copy of CSO. Last time also we tried to tress out original signed CSO copy but the copy was not available, we also inquired with Labour Commissioner office, there also old records are not available.
Meantime the worker's representative file Interim Application before Industrial Court for stay to the enquiry proceeding till the CSO copy is not allotted for defense. The court has not allowed Interim application for stay to enquiry but given directions to give copy of CSO to them. As per directions we have given un-signed xerox copy of CSO. The worker has filed another application to provide signed copy. Now we are plan to proceed further to complete the enquiry.
Under the circumstances, since we are not able to provide signed copy of CSO, whether the enquiries will be held as perverse and illegal ? what are the steps has to be taken to continue & to complete domestic enquiry in absence of signed copy of CSO.