I have received a domestic enquiry letter to which I replied that in the absence of my salary, wages, etc., I cannot attend the enquiry. Please send them immediately. However, they conducted the enquiry in my absence. Now, for cross-examination, they have given me another date and informed me that if I am absent on this date as well, they will proceed ex parte. Is it legal? Can it be raised or challenged in any court of law? Please guide.
From India, Kanpur
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1From India, Kanpur
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You have not provided complete details of your employment and the circumstances leading to the domestic inquiry against you. My presumption, therefore, is that you belong to the workman category and, upon some serious misconduct, you have been placed under suspension pending inquiry. Whether or not there are certified standing orders for your industrial establishment, it is the duty of the employer to pay subsistence allowance at the admissible rates to you during the period of your suspension.
If your allegations regarding non-payment of subsistence allowance even after demand, and the conduct and continuance of the domestic inquiry ex-parte are true, then it is a very serious lapse on the part of the management in the disciplinary proceedings. This could result in the quashing of the entire disciplinary proceedings at the stage of judicial review over the punishment awarded in this regard. Since the domestic inquiry is not yet over, you cannot seek judicial intervention at this stage.
From India, Salem
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If your allegations regarding non-payment of subsistence allowance even after demand, and the conduct and continuance of the domestic inquiry ex-parte are true, then it is a very serious lapse on the part of the management in the disciplinary proceedings. This could result in the quashing of the entire disciplinary proceedings at the stage of judicial review over the punishment awarded in this regard. Since the domestic inquiry is not yet over, you cannot seek judicial intervention at this stage.
From India, Salem
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Your query seems to be too cryptic. You have not mentioned whether you have been placed under suspension pending inquiry, and whether during the period of suspension, you have been paid a subsistence allowance. Also, it is unclear if you are stationed or residing away from your company's location or if the inquiry is currently in progress.
If you are residing away from the location of the inquiry and have been denied a subsistence allowance, you should consider approaching a relevant court of law with the help of a competent lawyer. You can raise these issues and seek to have the proceedings quashed or stayed.
Regards,
S.K. Johri
From India, Delhi
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If you are residing away from the location of the inquiry and have been denied a subsistence allowance, you should consider approaching a relevant court of law with the help of a competent lawyer. You can raise these issues and seek to have the proceedings quashed or stayed.
Regards,
S.K. Johri
From India, Delhi
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Transfer and Legal Implications in Employment
The same case holds true in my situation as well. I work as a Medical Representative and have been transferred to Chennai. The company has issued me a chargesheet and a show cause notice for not joining. I have challenged this action, stating that in the absence of any certified standing orders, the State Industrial Employment Standing Orders Act applies. According to this act, if an organization has its administration/factory outside the state, an employee can only be transferred within the state. The employer's response was that the CSE (which I assume stands for Charge Sheet Executor) is not working in any establishment, hence the State Industrial Dispute Act does not apply.
Additionally, there are currently four industrial disputes ongoing in Labour Courts. Therefore, the transfer of services is considered a change in service conditions, to which the employers have not responded. Instead, they have stopped my wages, stating that I will not receive any salary or expenses until I join the transferred location. They claim this is a term of employment that has been mutually accepted, but I am challenging this assertion. Despite this, I sent a reply to the chargesheet outlining the factors mentioned above and requesting full payment of wages before the commencement of the enquiry. I also argued that the CSE should be allowed to be defended by a representative from their union. However, a condition was laid out that the defender must be a coworker within the same division and organization, holding the same position. I question the legality of this requirement.
Now, even in my absence, the enquiry has proceeded with primary formalities, such as responding to the allegations framed by the management in the form of annexures. A second date has been given to me with a warning that the enquiry will proceed ex-parte if I fail to attend. I am concerned about the employers' argument and whether they are acting against the regulations of the labour court by conducting the enquiry during the proceedings without providing back wages. Please clarify the pros and cons of attending or not attending.
Thank you.
From India, Kanpur
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The same case holds true in my situation as well. I work as a Medical Representative and have been transferred to Chennai. The company has issued me a chargesheet and a show cause notice for not joining. I have challenged this action, stating that in the absence of any certified standing orders, the State Industrial Employment Standing Orders Act applies. According to this act, if an organization has its administration/factory outside the state, an employee can only be transferred within the state. The employer's response was that the CSE (which I assume stands for Charge Sheet Executor) is not working in any establishment, hence the State Industrial Dispute Act does not apply.
Additionally, there are currently four industrial disputes ongoing in Labour Courts. Therefore, the transfer of services is considered a change in service conditions, to which the employers have not responded. Instead, they have stopped my wages, stating that I will not receive any salary or expenses until I join the transferred location. They claim this is a term of employment that has been mutually accepted, but I am challenging this assertion. Despite this, I sent a reply to the chargesheet outlining the factors mentioned above and requesting full payment of wages before the commencement of the enquiry. I also argued that the CSE should be allowed to be defended by a representative from their union. However, a condition was laid out that the defender must be a coworker within the same division and organization, holding the same position. I question the legality of this requirement.
Now, even in my absence, the enquiry has proceeded with primary formalities, such as responding to the allegations framed by the management in the form of annexures. A second date has been given to me with a warning that the enquiry will proceed ex-parte if I fail to attend. I am concerned about the employers' argument and whether they are acting against the regulations of the labour court by conducting the enquiry during the proceedings without providing back wages. Please clarify the pros and cons of attending or not attending.
Thank you.
From India, Kanpur
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Check LisCheck List ofr Disciplinary Proceedings Domestic Enquiry 11 Sep 09.doc
The karnataka payment of subsistence allowance Act, 1988.pdf