I am currently working at Panipat Refinery. Our company has been following the certified standing orders for the past 22 years. However, our management is now seeking amendments to the existing provisions. As it stands, the provision states, "where a workman has been convicted for a criminal offence of a grave nature in a court of law, he will be removed or dismissed from service following the procedures outlined in clauses 21.2 to 21.7 of the standing order."
The management is now proposing amendments to all these rules and intends to bypass the procedures laid out in clauses 21.2 to 21.7. Essentially, if the Executive Director (ED), Executive Director in charge (ED (i/c)), or Chief General Manager (CGM) wishes or is satisfied, they can dismiss or remove an employee without providing any verbal or written warnings, without issuing a charge sheet, and without conducting any inquiry.
I am curious to know if this proposed change is legally permissible.
Thank you.
From India, Panipat
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The management is now proposing amendments to all these rules and intends to bypass the procedures laid out in clauses 21.2 to 21.7. Essentially, if the Executive Director (ED), Executive Director in charge (ED (i/c)), or Chief General Manager (CGM) wishes or is satisfied, they can dismiss or remove an employee without providing any verbal or written warnings, without issuing a charge sheet, and without conducting any inquiry.
I am curious to know if this proposed change is legally permissible.
Thank you.
From India, Panipat
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Dear, There is a legal process to amend the standing orders and without completing that process no one can amend the standing orders. Regards,
From India, Delhi
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30From India, Delhi
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Principles of Natural Justice in Employment
Without giving an opportunity to an employed person to explain and/or defend the allegations or acts of misconduct leveled against them, and upon receipt of the written explanation, an inquiry as per the principles of natural justice ought to be held. He/she should not be discharged or dismissed from employment within our Indian Republic Constitutional framework.
Amendments to Certified Standing Orders
Besides the aforesaid, no amendment to the existing certified Standing Orders can be valid and applicable until and unless the proposed amendment is approved by the certifying officer, who must follow and abide by the due process of law prescribed in the Industrial Employment (Standing Orders) Act 1946.
Kritarth Team, Bengaluru Office, 26.4.2019
From India, Delhi
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Without giving an opportunity to an employed person to explain and/or defend the allegations or acts of misconduct leveled against them, and upon receipt of the written explanation, an inquiry as per the principles of natural justice ought to be held. He/she should not be discharged or dismissed from employment within our Indian Republic Constitutional framework.
Amendments to Certified Standing Orders
Besides the aforesaid, no amendment to the existing certified Standing Orders can be valid and applicable until and unless the proposed amendment is approved by the certifying officer, who must follow and abide by the due process of law prescribed in the Industrial Employment (Standing Orders) Act 1946.
Kritarth Team, Bengaluru Office, 26.4.2019
From India, Delhi
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Dear colleague,
The Certifying Officer is legally bound to give sufficient opportunity to the affected parties, i.e., workmen/union, to voice their say/objections to the proposed amendments. Since the proposed amendments prima facie are against the well-established principles of natural justice, it is very unlikely that they will pass the muster.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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The Certifying Officer is legally bound to give sufficient opportunity to the affected parties, i.e., workmen/union, to voice their say/objections to the proposed amendments. Since the proposed amendments prima facie are against the well-established principles of natural justice, it is very unlikely that they will pass the muster.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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The Certified Company Standing Orders Act 1946.pdf
Draft Industrial Employment (Standing Orders) Punjab (Haryana Amendment) Rules 2018.docx