Can Employees Have Representation in Domestic Inquiries? Seeking Guidance and Case References

Respected All Seniors,

If any domestic inquiries are initiated against a delinquent employee for any reason, does the employee have the right to representation in the inquiry by another employee or any union member? Please let me know the concept of the same because we did not include such a point in our standing orders. Therefore, all are requested to provide us with an appropriate solution along with a reference case.

Hi, There is no inherent right to representation in departmental proceedings through a representative from one's union unless the company, by its Standing Orders, recognizes such a right. Refusal to allow representation by any union, unless the Standing Orders confer that right, does not invalidate the proceedings.

Further, in holding domestic inquiries, a reasonable opportunity should be given to the delinquent employees to address the charges framed against them. It is desirable that at such an inquiry, the employee should be allowed to represent their case by persons of their choice, if there is no standing order against such a course being adopted and if there is nothing otherwise objectionable in the said request. Denial of such an opportunity cannot be said to be in violation of the principles of natural justice.

Thank you for the prompt reply. Could you also clarify if the labor inspector can force us to comply with the same requirements, as the labor department does not agree on this issue? Additionally, there are some union representatives involved in domestic inquiries. If possible, please provide any reference cases for further clarification.