Dismissal twice for single misconduct

jagadish paranjape (Querist) 02 September 2021 This query is : Resolved
Workman was charge sheeted for misconduct and after domestic enquiry his service was terminated.
Later his termination was revoked and he was permitted to join duty,which he did.
Later on after few days his service was again terminated on the basis of earlier enquiry.
Is action of the management justified.Any precedence for similar matter.
Regards.

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An employee was initially dismissed for misconduct following a domestic enquiry. However, this termination was later revoked, and the employee was allowed to return to work. Shortly after, the employer terminated their services again, citing the original enquiry. The employee had pursued legal avenues, including complaints to the Labour Court and revisions to the Industrial Court, which led to the matter being remanded for a preliminary issue regarding the validity of the employer's actions.

Dr J C Vashista (Expert) 03 September 2021
Once services of an employee is terminated, how it can/ has been be revoked and allowed to rejoin ? Unbelievable.

kavksatyanarayana (Expert) 04 September 2021
Did the employee file the appeal to the competent authority within the time?

jagadish paranjape (Querist) 05 September 2021
Employee had filed complaint before labour Court under M.R.T.U.and P.U.L.P. Act 1971 (Local Act). The complaint was dismissed.Revision was filed in Industrial court under same Act.The matter was remanded to labour court with direction to frame preliminary issue about validity of employer's action.

Sudhir Kumar, Advocate (Expert) 20 November 2021
It appears there are some more facts to be disclosed.

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