Suspended till next inquiry

Dilip (Querist) 31 March 2024 This query is : Resolved
If worker has been suspended on the ground that the name of the worker is there in police chargesheet 173 Regarding corruption and misconduct. The Trade union has suspended the worker this the inquiry is completed
Domestic as well as Union inquiry is both are simultaneously
Can the union suspend the trade union of worker on the ground of police chargesheet is submit and worker name is there

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This discussion explores whether a trade union can suspend a worker due to their name appearing on a police chargesheet for corruption. It clarifies that while an employer might suspend an employee for misconduct or conviction, a pending police case alone is generally not grounds for suspension by either the employer or the union. The situation for daily wage workers, particularly in industries like film, is also considered, noting limited legal protection in such circumstances.

T. Kalaiselvan, Advocate (Expert) 31 March 2024
How did the trade union get power to suspend an employee, the trade union or the union of the organisation are for the welfare of the employees and not for any harm to them.
The employer can suspend the employee if the employee is found to have indulged in any acts of unbecoming or misconduct or any offence related to his employment but not just because there is a case pending in a police station or court.
The employer can terminate the services if the employee has been convicted and sentenced to undergo imprisonment

Sudhir Kumar, Advocate (Expert) 01 April 2024
You have not been able to elaborate whether the employer is govt or not.

reply changes in both conditions.

Dilip (Querist) 01 April 2024
No sir person is daily wages worker of a trade union related in film industry

T. Kalaiselvan, Advocate (Expert) 02 April 2024
The daily wages worker is not protected by any labor laws for the criminal cases pending agaisnt them.
Once the criminal cases are cleared then the trade union can engage him on the same basis, there is no law protecting the daily wages worker in such circumstances.

Sudhir Kumar, Advocate (Expert) 03 April 2024
whether following thread is continuation of this query or a fresh one

https://www.lawyersclubindia.com/experts/subscription-fees-not-accepted-by-the-union--758826.asp

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