Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Punishment for union activity

(Querist) 28 July 2014 This query is : Resolved 
Sir, I am working in LIC of India as Higher Grade Assistant in Machilipatnam(AP). I am also a trade union leader. In LIC of India, Machilipatnam Division, wages were paid to Temporary workmen in Dummy names for Several years. As there is no response from Management, I have taken up the matter with outside authorities like Assistant Labour Commissioner(Central), CVC, CBI etc. The Management has asked for my explanation to approach National Commission for Scheduled Castes, CVC and they have issued Show-Cause Notice informing that they will demote me to the Cadre of Assistant. Sir, please help me by informing the cases where Show-Cause notice is stayed by Honourable Courts.
Devajyoti Barman (Expert) 28 July 2014
File an application for Stay in CAT.
Dr J C Vashista (Expert) 29 July 2014
Contact a local lawyer to file and proceed in AP High Court in writ against the authorities and seek a stay order.
Meanwhile,submit your reply to show cause notice through your lawyer.
malipeddi jaggarao (Expert) 29 July 2014
@Shri Barman ji - CAT has no jurisdiction over workmen of LIC of INdia.
@ Venkataramana: What do you mean by "Wages were paid to temporary workmen in dummy names".
Will your trade union come to your rescue now?
LIC, PSBanks have lot of restrictions on employing subordinate staff and they resort to employees for this purpose on casual basis and the payment is reimbursed to the Branch Head. This is a known phenomena.
Simply because you are a trade union leader, you do not have practical right to question every action of the management. If you do so, you will finally land in trouble.
All your unions are dead. They will not to protect the rights of employees. They collect their monthly subscription and enjoy the booty.
I sincerely advise you unless there is misappropriation better to avoid such contraversial issues.
Give reply to show cause notice. When you are a union leader, you should approach your top union leaders to take up your case and reply the show cause notice. They will never do. You are the ultimate sufferer.
What are the grounds for show cause notice. If you really require my help, you can send the copy to me to my personal mail id so that if something can be done, I will do it for you - with one condition - first you approach your so called Union Leaders - if you do not get help from them I am ready to help you to the best of my ability.
Sudhir Kumar, Advocate (Expert) 29 July 2014
first of all it is not a union activity. You have raised a voice against corruption and the CVC has a right to protect you.

Kindly visit the website of CVC. There is a notification wherein employees of the govt deptts/psu have a right to report corruption direct to CVC.


Kindly mail me the SCN
Sudhir Kumar, Advocate (Expert) 29 July 2014
I agree CAT has no juriscition on LIC.

Rather High court has jurisdiction who also has a power to direct CVC to protect you as per Apex Court judgement in Vineet narain case and as per whistel blower act.

Sudhir Kumar, Advocate (Expert) 29 July 2014
I generally l;ike to agree with Mr Jaggarao.

But will partially disagree.

Your actions are better protected as and employee seeing corruption than union leader.

The matter of SCN can better be tackled by you alone rather than involving so many agencies. You have to reply the same and the given facts (if stated correctly) give a reasonable impression that the reply to SCN may land the management in trouble. (this happens in many cases)

No hasty reply to SCN please.
Guest (Expert) 29 July 2014
You can directly approach to National Commission for Scheduled Castes and CVC also. In reply to the show cause notice, you may just ask the management under which rule or clause of the Certified Standing Orders or Conduct and discipline rules of the LIC a worker is banned to approach National Commission for Scheduled Castes & CVC. I am sure they would not have included that clause. However, before replying, you must go through the conduct and discipline rules/CSO to reassure you that the clause does not exist.
G. ARAVINTHAN (Expert) 29 July 2014
no person can be punished for involving in trade union activities
ajay sethi (Expert) 29 July 2014
agree with Dhingraji
Raj Kumar Makkad (Expert) 29 July 2014
I also do agree with the experts.
Rajendra K Goyal (Expert) 29 July 2014
Agree with the experts.
P. Venu (Expert) 29 July 2014
You should reply to the SCN and try to place on record all the material facts.
However, you are moving against an entrenched system and expect no rewards other than opportunities to grow yourself in challenging situations.
Sudhir Kumar, Advocate (Expert) 29 July 2014
while attempting reply to SCN be clear that you are not guilty and the reply if well drafted can be mirror for authorities. If ill-drafted they can initiate some proceedings.

wording of SCN is more important.

The situation you described (if not hidden material facts) the SCN is bound to be comical.
T. Kalaiselvan, Advocate (Expert) 30 July 2014
Please refer to the Staff regulations and disciplinary proceedings rules pertaining to LIC of India. I don't believe that the LIC has issued show cause notice for the reason that you approached the other authorities without permission, it may be a different issue. One among the strongest trade union in the country is AIIEF affiliated to CITU. This union will shield its comrades against all such sundry issues very strongly however as expert Mr. Jagga Rao rightly observed you do not have practical right to question every action of the management. If you do so, you will finally land in trouble. You trade union also will not support you if you appear to be a trouble maker. You may proceed as advised by experts.
Sudhir Kumar, Advocate (Expert) 31 July 2014
not let author say something on views of experts.
Raj Kumar Makkad (Expert) 01 August 2014
It seems that the author has no interest to know even the replies of the experts.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :