Hi, A protected workman was under transfer, but the court stayed his transfer. Later on, due to another misconduct, he was suspended. In the meantime, the court vacated the stay, and he was relieved, but he has not reported to the new place. However, Management did not mention his suspension or disciplinary action in the relieving letter.
Now, Management wants to revoke his suspension. The earlier unit passed the order of suspension, but from where he has been relieved. Kindly opine on:
Who will issue the suspension revoking order?
1) Should it be the original unit from where the workman has been transferred or the new unit where he has yet to join?
Procedure for proceeding with disciplinary action
2) Management wants to proceed with the disciplinary action. What procedure will be followed? The Management Representative and Enquiry Officer were appointed by the earlier unit, and before the start of the enquiry proceedings, the workman had to be relieved. It is not possible for the earlier Enquiry Officer or MR to continue the proceedings at the new place as it is a far-off place.
Regards,
From India, Delhi
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19Now, Management wants to revoke his suspension. The earlier unit passed the order of suspension, but from where he has been relieved. Kindly opine on:
Who will issue the suspension revoking order?
1) Should it be the original unit from where the workman has been transferred or the new unit where he has yet to join?
Procedure for proceeding with disciplinary action
2) Management wants to proceed with the disciplinary action. What procedure will be followed? The Management Representative and Enquiry Officer were appointed by the earlier unit, and before the start of the enquiry proceedings, the workman had to be relieved. It is not possible for the earlier Enquiry Officer or MR to continue the proceedings at the new place as it is a far-off place.
Regards,
From India, Delhi
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Having had the opportunity to deal with the same issue many years back, the following clarifications are made.
1. Once an employee is transferred, the ties with the old unit are entirely cut, and the new unit starts having a lien on the service of the employee. Therefore, all decisions and actions have to be taken by the new unit. If the old unit issues orders or takes actions, it would render the relieving from service of that unit a nullity and hence will be at cross-purposes with the status of the employee. Incidentally, the Government of India's Personnel Rules are to this effect.
2. The new unit can continue with the inquiry proceeding from the stage left by the previous unit. Since the EO & PO are unavailable at the new place, let the new order continuing the proceedings be issued with a new EO & PO being appointed and make it clear that the proceedings would continue.
From India, Mumbai
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1. Once an employee is transferred, the ties with the old unit are entirely cut, and the new unit starts having a lien on the service of the employee. Therefore, all decisions and actions have to be taken by the new unit. If the old unit issues orders or takes actions, it would render the relieving from service of that unit a nullity and hence will be at cross-purposes with the status of the employee. Incidentally, the Government of India's Personnel Rules are to this effect.
2. The new unit can continue with the inquiry proceeding from the stage left by the previous unit. Since the EO & PO are unavailable at the new place, let the new order continuing the proceedings be issued with a new EO & PO being appointed and make it clear that the proceedings would continue.
From India, Mumbai
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Hello, A Suspension Revoking Order will be issued by the original unit from where he was transferred, as he has not reported to the new unit. The earlier inquiry officer has to continue the proceedings online. If he had reported or joined the new place, the process would have been different.
From India, Ernakulam
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From India, Ernakulam
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Regarding the revoking of the suspension order, the views of KK!HR and Mr. Deepak Vasudevan are conflicting. However, since KK!HR has practically dealt with such a situation previously, his views seem to be more realistic. More elaboration on the subject is needed.
From India, Delhi
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From India, Delhi
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I was working in a major manufacturing unit in Central India. There was a second-level union leader causing daily irritants. He had to be dealt with to control the situation. It was decided to transfer him to a project site in Punjab (those were troublesome days there, and the leader hailed from South India). He revolted and threatened the manager, coercing him to revoke the transfer order. We suspended him and issued a relieving order in absentia.
He challenged the suspension and transfer order before the Labour Court as victimization, but no stay order could be obtained by him. His entry to the earlier unit was stopped. The new unit issued him orders to report on duty, failing which a presumption of abandonment would be drawn, and this was informed to him. After two such communications, he went to the new project site and assumed charge there. We continued with the inquiry, and finally, he received his punishment order.
This is how we dealt with the matter. For dealing with this case, a lot of research was done on the procedure to be adopted and who would do what. This helped in dealing with many such matters later.
From India, Mumbai
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He challenged the suspension and transfer order before the Labour Court as victimization, but no stay order could be obtained by him. His entry to the earlier unit was stopped. The new unit issued him orders to report on duty, failing which a presumption of abandonment would be drawn, and this was informed to him. After two such communications, he went to the new project site and assumed charge there. We continued with the inquiry, and finally, he received his punishment order.
This is how we dealt with the matter. For dealing with this case, a lot of research was done on the procedure to be adopted and who would do what. This helped in dealing with many such matters later.
From India, Mumbai
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Revoking Suspension
The revocation of suspension will be carried out by the person who initially suspended the employee. This means it requires the signature of the individual holding the same designation in the previous unit. An employee under suspension cannot be transferred or relieved.
Transfer of Charge Sheet
If possible, transfer the charge sheet to another location if the management remains the same.
From India, Indore
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The revocation of suspension will be carried out by the person who initially suspended the employee. This means it requires the signature of the individual holding the same designation in the previous unit. An employee under suspension cannot be transferred or relieved.
Transfer of Charge Sheet
If possible, transfer the charge sheet to another location if the management remains the same.
From India, Indore
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc