Member (Account Deleted)
23 February 2011 at 11:43
Wewant your advise on matter /point of delay in conducting domesticinquiry. The scenario is as under:-
1. Theworkers of our factory went on sit in strikefrom 04.04.2007 to 12.04.2007 ( exactly before 3years and 10 months).
2. On13.04.2007, we have asked striking workers to give undertaking to managementand resume on duty.
3. Thereaftermany times we have appealed workers to withdraw and resume strike but no one isturned back.
4. Afterpassing of 17 months, on 8 Dec 2008, management have issued charge sheetsto all workers through RPAD/UPC.
5. Allposts returned back to management with various remarks of postmaster like
Addressee is not traceable, refused to accept etc &management have filed the same.
6. Nowthe matter is on board Vide no IDA/05/2007,on stage to lead and record evidences. In 1st date we haveproduced in court, evidences of, muster roll, notice displayed,return mails, etc.
7. Furtherin our claim of statement we have prayed to court that,
That it be declared cessation of work incombination and concert and under the common understanding resorted to by asection of workman of the first shift on 4th April 2007and continued by section of employees in general, second and third shifts andwhose names are set out inAnnexture- A, on 4th April 2007 andthereafter continued on day to day till withdrawn is illegal and unjustifiedstrike.
That it be further declared that theworkmen whose names are set out in the list of Annexture A are not entitled toany wages or benefits on and with effect from 4th April 2007 andthereafter for each day til the illegal strike is withdraw.
For direction or mandatory orderdirecting the workman list in Annexture A, be unconditionally and unequivocallywithdraw the illegal strike execute undertaking in terms set out in noticedated 12th April 2007 and to resume full normal duties.
Cost be granted.
Any other and further relief as thishonorable court may deem fit and proper.
We apprehend that court can give speakingorder to management to take on duty to striking employees at any stage andexamine the intention of both parties. For this management is not prepared toface the music.
In view of above mentioned you arerequested to advise on the issue.
a) Is it advisable and legal to conduct theinquiry after about 4 years of misconduct ?
b) Could it be legal if after conducting ofinquiry if workers are dismissed and Challenge the dismissal orders?
c) Whether we should again issue of chargesheet to the worker as earlier send in Dec 2008 or frame new one adding thecharges of illegal absent from duty from 3years and 10 months?.
d) Whether the inquiry initiated after suchlong period would consider it legal and proper ?
Thanking you in advance for the time and your valuableadvice.
Regards
giriraj sharma
22 February 2011 at 22:06
sir,i appeared in deptt exam.fail by jsut 2 marks.got answersheet under rti.found many mistake
in evaluation.my few correct answers were made wrong .in 2 questions 5 facility name was
askd .write down 5 name
there r 10 to 15 facility available.in model answer key there were only 5 answers.if i write
down other than these answers my answers was made wrong.even what i ahve wrtitten accepted
by cpio of my deptt.hence applied through proper channel but no response.then i approach
CAT.CAt direct to consider the representation.Deptt pass speaking
order that we have no revaluation rule hence can not revaluate but increased 1 marks as this
answer was in model key.But my argument was that my
answer is correct and i am not asking for revalution of whole
answer script.provided 1 marks but in case of others correct answers they said as per model
answer there is no change in other answers.again move to CAT.
I prayed following point in CAT
1. My answers was correct but no marks provided.
2.i have attached solid evidences like RTI acceptence,Trg center document even pritn out of wesite where these facility(my answer) was availabele.
3.Mistake was commited by evalutor because there were only 5 samples .but there r 10 -15 correct answers.Model answer r provided for help but in my case evaluator was based on only model asnwer key.even i attached relevent document with my represenation but examiner said that as per model answer key u r answers r wrong.
4. Further it is said as there is no revaluation rule hence can not revaluate u r rest answers.
5even my answersheet was was send to same examiner but it should be send to other examiner
but CAT dismissed my appeal.CAT stated that
1. As there is no revaluation rule and you have not challanged the rule.
2. Examiner may used same method of evaluation for other candidates also.hence direction of
revalution in u r case will be unjustice to others candidates.
3.1 marks increased does not mean u have wright to revalute.
4.applicant have no right to say that as answersheet was send to same examiner it should be
send to another examiner
now i want to move HC.
what should be main focus in my writ.what is probabilty to win.pls guide for future strategy.
PRABHAT KUMAR SINGH
22 February 2011 at 20:19
Dear Sir
I am working in company that has terminate me on verble basis and also non payment of my salary for my working period.
When i have move to labour court where i have file a case u/s 26 about illegal termination in the proceeding period company make a false transfer letter and produced for that he has not to terminate but he has to transfer but i have submitted a email evidence of company personals officers communication for proof that how they have to terminate me in illegal way and how they forms a false transfer order. The case is in the court of DLC but he denys that email proof is not the evidance and he denys the email the case i have filed in january 2008.
Pls. suggest how i do for that.(DLC has received money from comany for the case for their favour)
Anonymous
22 February 2011 at 18:12
Experts, I am based in Mumbai. Pl. provide me with the contact details of Asst. labour Commissioner, Mumbai for lodging my complaint against a cheating employer for non payment of salary dues. Regards,
Anonymous
22 February 2011 at 18:10
Experts, I am based in Mumbai. Pl. provide me with the contact details of Asst. labour Commissioner, Mumbai for lodging my complaint for non payment of salary dues. Regards,
Anonymous
22 February 2011 at 15:50
Dear Members,
Request you all to provide an applicable Circular / Notification, which makes the registration of Offices non-mandatory under the Delhi Shop & Establishment Act.
Thanks & Best Regards,
Rajeev Sharma
Anonymous
22 February 2011 at 15:27
A woman working in postal department denied her increment along with the person against whom she made a complaint? whether they have the right to do so ? what remedy she have?
Kamlesh Kumar
22 February 2011 at 15:08
Can an official approach the CAT when his appeal against minor penalty has been dismissed by the first appellate authority? I mean to say that even before he has some departmental channels available for seeking relief.
Anonymous
22 February 2011 at 00:15
What are restrictions on employment of child labour in a restaurant or tea shops? Can penalty be imposed for such employment?
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