Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chandrashekar   14 March 2017

Departmental enquiry after releiving

Dear Experts

Can an association registered under Karnataka societies act, conduct a departmental enquiry against an employee who had resigned and relieved as well ?



Learning

 6 Replies

Ritesh Maity (Labour Law Advocate)     14 March 2017

If the employe has been releaved upon resignation, and all his dues have been settled, then there is hardly much scope of any domestic enquiry. 

 

If the enquiry was already intiated against the employee, and if he has resigned after initiation of enquiry, such enquiry can be continued provided that the company has rejected the resignation on the plea that domestic enquiry is onging. 

Chandrashekar   15 March 2017

employe has been releaved upon resignation, and all his dues not settled. But enquiry was not contemplated at the time of reliving. It is already three months since employee is officially relivied

Sudhir Kumar, Advocate (Advocate)     15 March 2017

please give full facts of the case.

Chandrashekar   27 March 2017

During 23 Nov 16 and 4 Jan 17 Painting work was done. The Employee did not maintain any register of daily wages but signed by the bills. The bills were also signed by the Chairman and the Secretary (approving authority) and payment was made. The labor charges paid are twice that of material.

Some documents were given to him to hand over to advocate. He handed over and collected back same day on pretext of copying it for the office but never returned it to advocate.

His duties were never given in writing nor there is any documentary evidence of taking the documents from advocate

He resigned on janĀ 3 17 citing personal reasons and we accepted his resignation and releived him on 5 jan 17.

Ritesh Maity (Labour Law Advocate)     28 March 2017

There does not look any scope for initiating a domestic enquiry, espcially at this belated stage. I also think that you won't be able to prove the charges in the enquiry too.

Kumar Doab (FIN)     03 April 2017

Instead try to sit across the table and get the documents that you want and suprped amount if any and close the matter.

Win Win situation for both.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register