Management's Handling of Enquiry and Wage Issues
In one case, management closed the enquiry within two months. The chargesheeted employee attended the enquiry, but during the process, the management did not provide any wages as per the rules. Secondly, they are not paying anything based on the principle of 'No work, No pay'. How can this be countered?
The concerned employee is a 'Workman'. Now the case is in the labour court through reference. Can the workman be entitled to any interim relief through the lower court as long as the proceedings are ongoing? The workman has asked how the employers can stop the salary without terminating or suspending.
From India, Kanpur
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1In one case, management closed the enquiry within two months. The chargesheeted employee attended the enquiry, but during the process, the management did not provide any wages as per the rules. Secondly, they are not paying anything based on the principle of 'No work, No pay'. How can this be countered?
The concerned employee is a 'Workman'. Now the case is in the labour court through reference. Can the workman be entitled to any interim relief through the lower court as long as the proceedings are ongoing? The workman has asked how the employers can stop the salary without terminating or suspending.
From India, Kanpur
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Dear Friend, Your statements, "the charge-sheeted employee attended the enquiry but during the enquiry the management did not give any wages as per rules, and secondly they are not paying anything on the principle of 'no work, no pay'..." and "... now the case is in labor court through reference," are confusing. If the employee was suspended pending enquiry, then he would have been entitled to what is called "subsistence allowance" at the rates stipulated in your standing orders during the entire period of suspension. You have simply stated that the case is in labor court now after reference. If so, he might have been dismissed from service, and in such a situation, he cannot claim any wages beyond the period of dismissal unless otherwise the Labor Court awards reinstatement with back wages. Had he been placed under suspension pending enquiry and the disciplinary action been conducted without paying any subsistence allowance, the entire action including the enquiry would have been vitiated. On this score alone, the orders of dismissal would be set aside by the Labor Court.
From your last question, it is to be inferred that the entire disciplinary action, including the domestic enquiry, should have been conducted without placing him under suspension at all. In such a situation, the proceedings would have taken place while he was on duty, and he would have been paid wages despite the proceedings. However, your narration leads to the possible inference alternatively that the delinquent would have been a habitual absentee and for which he would have been charge-sheeted and an enquiry might have been conducted. Just because an absent employee participated in the enquiry into the charges of unauthorized absence against him, he cannot claim wages for attending the enquiry.
There is no provision for any interim relief while the case against dismissal is pending adjudication in any Labor Court or Tribunal.
From India, Salem
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From your last question, it is to be inferred that the entire disciplinary action, including the domestic enquiry, should have been conducted without placing him under suspension at all. In such a situation, the proceedings would have taken place while he was on duty, and he would have been paid wages despite the proceedings. However, your narration leads to the possible inference alternatively that the delinquent would have been a habitual absentee and for which he would have been charge-sheeted and an enquiry might have been conducted. Just because an absent employee participated in the enquiry into the charges of unauthorized absence against him, he cannot claim wages for attending the enquiry.
There is no provision for any interim relief while the case against dismissal is pending adjudication in any Labor Court or Tribunal.
From India, Salem
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This is in addition to the post of Mr. Umakanthan, Sir. You have admitted that proceedings are being held in the "Labour Court." You have asked, "Can the workman be entitled to get any interim relief through the lower court?" Relief, if any, has to be sought in the Labour Court based on the merits of the case. The question of approaching the lower court does not arise.
Has the inquiry been completed, and has the employee been found guilty of the charges with punishment awarded? Please frame your question with appropriate details.
From India, New Delhi
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Has the inquiry been completed, and has the employee been found guilty of the charges with punishment awarded? Please frame your question with appropriate details.
From India, New Delhi
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Yes, the inquiry has been completed without any interference. The employee was not suspended, and the inquiry was conducted to give a false shape after transferring the employee from U.P. to Tamil Nadu. The purpose was to prove misconduct of not obeying the reasonable orders of the superiors and not joining immediately after the transfer of the employee. This was followed by a charge sheet and inquiry where the employee was not being paid on the principles of 'No Work, No Pay'; only fare was paid. Now, since the employee has moved his submission for Interim Relief/Subsistence Allowance due to no salary for the last 3-4 years as C.B. is in labor court, a request is made to send any citation favoring subsistence allowance from the lower court. Immediate action shall be appreciated.
From India, Kanpur
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From India, Kanpur
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Transfer and Disciplinary Proceedings
Most probably, the case narrated relates to the transfer of an employee from one state to another and the employee's continuous refusal to obey the orders of transfer, leading to disciplinary proceedings initiated by the management.
In such a situation, involving the Labor Court in the dispute and seeking orders of interim relief would arise only when the order of transfer is referred for adjudication. This is to determine whether the orders of transfer are mala fide as a colorable exercise of power or illegal due to a breach of the terms of the contract of employment or violation of the Standing Orders applicable in the case.
In any case, the question of payment of subsistence allowance would not arise since the employee was not placed under suspension, as admitted by the poster himself.
Since the situation of non-employment is created by the employee's refusal to join at the transferred place, the claim for salary/wages for the period following the transfer is unsustainable, as the main question of the maintainability of the transfer orders is not decided at all.
From India, Salem
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Most probably, the case narrated relates to the transfer of an employee from one state to another and the employee's continuous refusal to obey the orders of transfer, leading to disciplinary proceedings initiated by the management.
In such a situation, involving the Labor Court in the dispute and seeking orders of interim relief would arise only when the order of transfer is referred for adjudication. This is to determine whether the orders of transfer are mala fide as a colorable exercise of power or illegal due to a breach of the terms of the contract of employment or violation of the Standing Orders applicable in the case.
In any case, the question of payment of subsistence allowance would not arise since the employee was not placed under suspension, as admitted by the poster himself.
Since the situation of non-employment is created by the employee's refusal to join at the transferred place, the claim for salary/wages for the period following the transfer is unsustainable, as the main question of the maintainability of the transfer orders is not decided at all.
From India, Salem
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc