Can Management Prevent an Outside Union Leader from Defending Workers in an Inquiry?

We have suspended 2 workers for misconduct committed by them, and now an inquiry has already started. In between, both workers submitted a letter informing that their outside union leader will defend them in the domestic inquiry. As management, can we allow the outside union leader to defend the worker in the domestic inquiry.

Dear,

Does your company have a union? If yes, is it registered or recognized by the company? Is it affiliated with an outside union?

Yes, a worker can approach a co-colleague for witness, proof, or statements, but they must work in the same company; outsiders are not allowed in internal domestic inquiries. If the case reaches the DLC office, then the worker is allowed to have only a lawyer by their side.

Dear Mr. Sudhir, Chennai.

First Things First

The charge-sheeted employee, suspended pending inquiry, has to defend himself/herself. The role of his/her co-worker or his/her union's office bearer is to assist the charge-sheeted employee during ongoing inquiry proceedings conducted by either the Inquiry Officer or the Inquiry Committee, as the case may be, duly appointed by the Employer/Disciplining Authority (Management). This is for the purpose of conducting a domestic/internal/departmental/managerial inquiry in accordance with the principles of natural justice as well as the procedures prescribed/laid down for such internal inquiries.

It is a settled legal position that in such domestic/departmental inquiries, the appointed Inquiry Officer or the Inquiry Committee allows either a legally-trained person (advocate/lawyer) unless the Employer/Punishing Authority associates with the inquiry proceedings a lawyer/pleader, etc., or an outsider who is not the co-worker of the charge-sheeted employee/delinquent employee nor outside the concerned establishment's registered union ought to be associated.

This Kritarth Team of Inquiry Officers has practiced the aforesaid for decades without any deviation or disagreement.

Kritarth Team

20 June 2019, Bengaluru Service Team

The employee can prefer a co-worker to participate in a departmental inquiry. The dictum of your standing order is final in the matter. If there is a provision in the standing order to allow an outsider/lawyer, then you cannot restrict.

The management has no role in this matter. The EO will decide based on Certified Standing Orders. The Presenting Officer can make his submissions either to permit or not to permit.

Our learned member, Mr. Srinath, is correct. Let me add a small point: unless it (allowing outside union leaders in a domestic inquiry) is written in approved standing orders, you need to comply with this. Otherwise, you can disallow.