Dismissal without enquiry

Mugundhan (Querist) 14 September 2010 This query is : Resolved
Dear Experts, Under what circumstances, dismissal of a worker without holding a domestic enquiry is justified?

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Amita Chaudhary (Expert) 14 September 2010
well was the worker regular employee or casual...if regular then the department can dismiss him only under article-311 of the constitution of india and only on the grounds specified therein.otherwise domestic enquiry is must for establishing the charges... anyways the worker can challenge the order before the labour court..

s.subramanian (Expert) 14 September 2010
Whether it be a causal,temporary or permanent employee,it makes no difference. they cannot be terminated without enquiry and without following the principles of natural justice.

s.subramanian (Expert) 14 September 2010
Recently the Supreme Court of India has extended the protection to the causal labour also.

P.ESAKKIMUTHU (Expert) 14 September 2010
for govt employees,dismissal without enquiry can be done under art 311(2)(C) of the constitution.for others, dismissal without enquiry can be resorted under exceptional circumstances such as practically it is not possible to hold enquiry.The circumstances must be recorded in writing and also it is subject to judicial scrutiny

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