Termination of service
A. DATTA
(Querist) 28 August 2014
This query is : Resolved
THE MATTER IS UP AT THE INDUSTRIAL TRIBUNAL KOLKATA FROM 2003 ON THE POINT OF VALIDITY OF DOMESTIC ENQUIRY. THE CO. COULD NOT ADDUCE THE EVIDENCE OF THE ENQUIRY OFFICER OR ANY OTHER WITNESSES. WILL THE DOMESTIC ENQUIRY BE DECLARED INVALID ? THE ENQUIRY WAS DONE EXPARTE AS I WAS SEVERELY INJURED AND BROKE MY LEG.
malipeddi jaggarao
(Expert) 29 August 2014
I agree with the expert Shri Sudhir Kumar. If the point is on validity of inquiry conducted exparte, utmost, the court may direct the disciplinary authority to initiate fresh inquiry.
Rajendra K Goyal
(Expert) 29 August 2014
All the documents need to be referred, consult another lawyer and show him the case file.
Kumar Doab
(Expert) 29 August 2014
Your point is that Co. could not adduce the evidence of Inquiry Officer appointed by it and also its witnesses...................
This might be in your favor.
However it is agreed that you should consult a seasoned Labor Consultant/Service lawyer.
If you are member of some Employee's unions/Trade Unions seek advice of a seasoned leader too.
A. DATTA
(Querist) 29 August 2014
The Co. chargesheeted me on Nov '98 for defalcation of Employees Cooperative funds. My job was only to make data entry of loan forms in the computer. I was charged U/S 15(IV) of standing orders which states "Theft, Fraud and Dishonesty in relation to employer's business or property". I was not officially appointed in writing to do this job but the managers and the officers forced me to do so.
The domestic enquiry was concluded exparte as I was hospitalised and subsequently under bedrest for multiple fractures on my left leg. The matter was communicated to the E/O but the enquiry concluded finding me guilty and I was dismissed from service.
The matter is pending in the industrial tribunal Kolkata on the validity of domestic enquiry. The Co. couldnot adduce any evidence in the tribunal. The E/O was reported to be dead but no death certificate was produced at the tribunal. My question is-
1. Can the Co. charge sheet me in the cooperative matter and initiate domestic enquiry against me, which is a separate registered society and managed by the employees themselves ?
2. On the validity of the domestic enquiry no one appeared as witnesses, not even the E/O. Can the Domestic enquiry be declared invalid ?
3. Can I move to any other higher forum in this respect to get any instant relief ?
malipeddi jaggarao
(Expert) 30 August 2014
What is your company, Public Sector, Private Sector, Public Ltd., or what? You are not giving full facts.
1. Yes. Embuzzlement of funds in the employees co-op.society can be a matter of charge against the employee of principal company.
2. As you have not attended the domestic inquiry on medical grounds and still it was concluded exparte the Tribunal should declare that the inquiry is against the principles of natural justice and may direct to order fresh inquiry. That all depends upon the scrutiny of entire matter including inquiry report by Tribal.
3. Yes, for inordinate delay, you can appeal to the next Appellate tribunal for direction to the Tribunal for speedy disposal.
Sudhir Kumar, Advocate
(Expert) 30 August 2014
1. Can the Co. charge sheet me in the cooperative matter and initiate domestic inquiry against me, which is a separate registered society and managed by the employees themselves ?
Ans : You have not elaborated the Standing orders of the company. In Govt sector one can be chargesheeted for dishonesty outside office. Integrity is never conditional to duty.
Sudhir Kumar, Advocate
(Expert) 30 August 2014
2. On the validity of the domestic enquiry no one appeared as witnesses, not even the E/O. Can the Domestic enquiry be declared invalid ?
Ans : Highly subjective question should not be attempted without seeing all the papers. Depending upon charge and documentary evidence it is not mandatory the personal evidence must of be there.
Sudhir Kumar, Advocate
(Expert) 30 August 2014
3. Can I move to any other higher forum in this respect to get any instant relief ?
Ans : you can file writ in high court seeking early disposal of the case by Tribunal.
Sudhir Kumar, Advocate
(Expert) 30 August 2014
WILL THE DOMESTIC ENQUIRY BE DECLARED INVALID ?
Ans : This forum can advise on the available legal position and cannot predict its acceptance by court.
Meet competent astrologer for reply to this question.
A. DATTA
(Querist) 30 August 2014
Dear Mr. Jaggarao,
Thanks for your reply.
The Co. is a reputed FMCG Public Ltd Co. Some further info for you that the govt. auditors had audited the cooperative accounts and balancesheet and has declared it to be correct for period I was charged with. The Co. accountant also certified in writing that the financial balance of the cooperative is correct. The Co.'s balance sheet does not show any dispute or theft of a hefty amount. All these papers are with me. Can it help me ?
Kumar Doab
(Expert) 30 August 2014
Dear Mr. Datta,
Your case is full of merits.
Your managers/employer have not only spoken but have written untruthful things about you in your personnel file,....... in a court of law.......................that amounts to fraud with court.
Without delaying any more approach your labor Consultant/Service lawyer and also a lawyer specializing in criminal cases.
My hunch is that you shall succeed to reduce the number of employers/mangers that are burden on the society and are not fit to be left to loose around in civilized society.
You have merits for compensation, damages, reinstatement with full back wages and you should claim everything including PF, Gratuity, full leave, leave encashment, bonus etc.................
Sudhir Kumar, Advocate
(Expert) 30 August 2014
you can succeed on procedural grounds. Apprently not on merits.
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
Even in my opinion, since you are found to have merits on your side, you will succeed in the pending case.
A. DATTA
(Querist) 31 August 2014
Thanks for your valued suggestions. My arguments on the validity of the domestic enquiry is only pending now.
For some obvious reasons Kolkata tribunal lawyers are deserting me.
This time a week is left to appear and present my arguments.The Co. has already finished their arguments. I have already missed out on two dates.
1. Can I submit my own arguments in writing before the tribunal ?
2. Can any other labour expert from Kolkata be ready to help me out through your connections ?
Kumar Doab
(Expert) 31 August 2014
Expert Mr. Devajyoti Barman is from Kolkata.
You may approach him.
You can be PIP.
A. DATTA
(Querist) 03 September 2014
Dear Experts,
It will be helpful if u can provide me with 2-3 similar case references which will go in my Favour.
Thank You.