Dear All.
The brief fact of the case is that, the company management had issued suspension order to one union representative for indiscipline act of leaving workplace without prior permission of concerned supervisor, instigated/ gathered workmen & riotous, disorderly behaviour with the security supervisor. In suspension order it was stated that, the management will issue separate charge sheet and Domestic Enquiry will conduct by appointing E.O & M.R.
However, the management had not issued any charge sheet or conduct enquiry nor paid Subsistence Allowance during his suspension period, as per the provisions of Standing Order applicable to company. Subsequently after lapse of 3-4 months the management ask delinquent worker to submit good conduct bond/apology letter, no action will initiate & the Suspension Order will be withdrawn immediately. The delinquent employee refused to submit any apology letter or good conduct bond as desired by the management, he stated that, "i have not committed any misconduct, being a workers representative I was asking security supervisors to see and arrange proper safety of the workers."
The management with the help of other union representative, the issue resolved and without taking any apology letter or good conduct bond from the delinquent worker the suspension order withdrawn. In the said suspension withdrawal letter the management has narrated that, "you have committed serious misconduct and the charges are proved in preliminary /internal enquiry conducted by the management. Further stated that, " considering your long service with the company, based on the principle of natural justice & equity, management is taking lenient view & you are hereby warned.........
Accordingly, the delinquent worker join his duties and file application claiming full wages of suspension period, as the management had not issued any charge sheets and there was no domestic enquiry conducted, no charges has been proved hence he is entitle for full wages. That since the, management had not paid any subsistence allowance during suspension period, after receiving the full wages claim, the management released subsistence allowance as applicable.
Series of letters were exchange between the delinquent worker and management but the management has refuse to pay full wages of the suspension period, stating that, the charges leveled against him is proved in preliminary enquiry. On the contrary the delinquent worker replied that, there was no charge sheet issued, no charges are leveled against him and no enquiry officer was appointed, no domestic enquiry was conducted hence he is entitle for full wages.
In-spite of the fact, management does not paid him full wage as claimed by delinquent worker, hence he filed complaint before Asst. Labour Commissioner Authority, since the management is not responding & appearing in the complaint before the authority, the authority is on verge of making failure report and advice delinquent worker to proceed further to file claim in proper courts. The Authority has given final date for hearing, wherein we have file written argument with supportive law points.
As per my view, since the management had not issued any charge sheet or leveled any charges against delinquent worker and there was no domestic enquiry conducted. Also the delinquent worker had not accepted his mistakes by submitting apology letter or good conduct bond. The management has withdrawn suspension order on his own accord. Merely stating that, the charges leveled against him are proved in preliminary enquiry does not sufficient, valid or legally correct in the eyes of law. Because as per the principle of natural justice & equity, even during preliminary enquiry the management ought to provide opportunity to defend or to put his side. The act of management is illegal, baseless hence the delinquent worker is entitle for full wages of suspension period.
In view of he above, my kind request to all experts to suggest, advice points to be included in final written argument with case laws to be submitted before the Authority.
Thanks & Regards.
Shaikh.
The brief fact of the case is that, the company management had issued suspension order to one union representative for indiscipline act of leaving workplace without prior permission of concerned supervisor, instigated/ gathered workmen & riotous, disorderly behaviour with the security supervisor. In suspension order it was stated that, the management will issue separate charge sheet and Domestic Enquiry will conduct by appointing E.O & M.R.
However, the management had not issued any charge sheet or conduct enquiry nor paid Subsistence Allowance during his suspension period, as per the provisions of Standing Order applicable to company. Subsequently after lapse of 3-4 months the management ask delinquent worker to submit good conduct bond/apology letter, no action will initiate & the Suspension Order will be withdrawn immediately. The delinquent employee refused to submit any apology letter or good conduct bond as desired by the management, he stated that, "i have not committed any misconduct, being a workers representative I was asking security supervisors to see and arrange proper safety of the workers."
The management with the help of other union representative, the issue resolved and without taking any apology letter or good conduct bond from the delinquent worker the suspension order withdrawn. In the said suspension withdrawal letter the management has narrated that, "you have committed serious misconduct and the charges are proved in preliminary /internal enquiry conducted by the management. Further stated that, " considering your long service with the company, based on the principle of natural justice & equity, management is taking lenient view & you are hereby warned.........
Accordingly, the delinquent worker join his duties and file application claiming full wages of suspension period, as the management had not issued any charge sheets and there was no domestic enquiry conducted, no charges has been proved hence he is entitle for full wages. That since the, management had not paid any subsistence allowance during suspension period, after receiving the full wages claim, the management released subsistence allowance as applicable.
Series of letters were exchange between the delinquent worker and management but the management has refuse to pay full wages of the suspension period, stating that, the charges leveled against him is proved in preliminary enquiry. On the contrary the delinquent worker replied that, there was no charge sheet issued, no charges are leveled against him and no enquiry officer was appointed, no domestic enquiry was conducted hence he is entitle for full wages.
In-spite of the fact, management does not paid him full wage as claimed by delinquent worker, hence he filed complaint before Asst. Labour Commissioner Authority, since the management is not responding & appearing in the complaint before the authority, the authority is on verge of making failure report and advice delinquent worker to proceed further to file claim in proper courts. The Authority has given final date for hearing, wherein we have file written argument with supportive law points.
As per my view, since the management had not issued any charge sheet or leveled any charges against delinquent worker and there was no domestic enquiry conducted. Also the delinquent worker had not accepted his mistakes by submitting apology letter or good conduct bond. The management has withdrawn suspension order on his own accord. Merely stating that, the charges leveled against him are proved in preliminary enquiry does not sufficient, valid or legally correct in the eyes of law. Because as per the principle of natural justice & equity, even during preliminary enquiry the management ought to provide opportunity to defend or to put his side. The act of management is illegal, baseless hence the delinquent worker is entitle for full wages of suspension period.
In view of he above, my kind request to all experts to suggest, advice points to be included in final written argument with case laws to be submitted before the Authority.
Thanks & Regards.
Shaikh.