permission under i.d act

Ashvin Khambhata (Querist) 01 June 2010 This query is : Resolved
We have conducted an inquiry against workman who is protected workman .No matter is pendin against him .My industry
is covered under i.d act .pl advise from whom i should seek permission ? Pl give me relevant judgment

ASHVIN KHAMBHATA

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B K Raghavendra Rao (Expert) 02 June 2010
You need to conduct domestic enquiry in accordance with law and if you find him guilty, you punish him proportionately in accordance with your service rules. For conducting domestic enquiry, no permission is required.

Pre-enquiry requirements are: issue of notice to the employee, on receipt of his reply framing of charges and then conducting the domestic enquiry giving him sufficient opportunities for defending himself.

H. S. Thukral (Expert) 02 June 2010
You don't require permission to take disciplinary action against the protected workman since no ID is pending in any court and section 33 of the ACT shall not apply. In case of a protected workman there should not be any dispute pending before the authority whether such workman is a concerned workman in that dispute or not.

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