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anil kaushik (n/a)     01 May 2008

dismissal valid without proper charge sheet - update from Business Manager - HR magazine

Dear Friends,
Even if the charge sheet is not served upon the erring employee and merely the charges are read out, there is no presenting officer from the management side in the domestic enquiry, dismissal based on such disciplinary proceedings would not be invalid.
Kerla High Court in the case of High Range Estate Employees Association vs. Industrial Tribunal recently held so.
In this case no charge sheet was served upon the employee but the charges were read over to him. There was no presenting officer appointed by the management in the enquiry.
Courts said that procedure to be followed in the domestic enquiry is not statutory in nature. They are laid down by judicial decisions. Mere violation of such procedures itself does not amount to violation of principles of natural justice. The rules of natural justice are not to form but of substance.
Though this judgment will have a binding force in Kerla State only but can also be cited / used in other states for persuading purposes. This judgment has moved in the direction of changing the basic concept of principles of natural justice laid down decades ago by apex court of the country.
Any one interested may ask for copy of the judgment.
regards,
Anil Kaushik
Chief Editor - Business Manager - HR Magazine
Smriti Sadan,28, Raghu Marg, Alwar - 301001 (Raj.) India
akaushikus@yahoo.com


Learning

 27 Replies

SALA SATEESH (lawyer)     02 May 2008

could u pls mail to sateesh_sala@yahoo.com thanks in Advance, s.sateesh

Atul Sahu (HR proffessional)     02 May 2008

Dear Sir, Could you please send the judgement copy to atuls_bk@yahoo.com. Thanks

prabhakarreddyb (officer)     05 May 2008

dear Sir, Could you please send the judgement copy to Prabhakarreddyb@gmail.com. Thanks

rajiv shukla (LEGAL CONSULTANCY)     05 May 2008

Dear Mr. kaushik Its of much interest, since it is a new path laid by the court in changed milieu. Can u please send me copy of it. My email is: rajiv@justitialaw.com Regards Shukla

Guest (n/a)     11 May 2008

The judgement is one more long step in the direction of corporatisation of employee-employer relationship.The employee was already at a loss to comprehend the procedures involved in the chargesheet & legalities involved. With this mere reading of chargesheet,it will be nearly impossible for any emplyee to prove that procedures were not adhered to. God saves employees.

Lt Col atultyagi (management)     11 May 2008

This is one more step taken by judiciary in the direction of corporatisation of employee-employer relationship. it was as it is difficult for the employee to comprehend the legalities involved with detailed procedures involved in vogue in filing the chargesheet.With this new ruling ,God only saves employees.However thanks to you for updating.-- Tyagi

H. S. Thukral (Lawyer)     13 May 2008

It is not a new law. Earlier also a workman services could be terminated without holding an inquiry when the employer felt that the atmosphere was not conducive to conducting an an inquiry. charges can be proved in the court .

rao (hr - professional)     21 May 2008

Thanks for updating awards posted, please send me the same to this email address sir, n_p_nag@yahoo.co.in

gopianu_99 (n/a)     22 May 2008

Sir, Please forward a copy to gopianu_99@indiya.com.

Guest (n/a)     26 May 2008

Dear Sir request you to kindly provide your contact details as I am keen to know on HR Contracts and vetting of the same. Regards, Pooja

inder (hr executive)     22 June 2008

DEAR SIR.


PLS SEND THE COPY OFEven if the charge sheet is not served upon the erring employee and merely the charges are read out, there is no presenting officer from the management side in the domestic enquiry, dismissal based on such disciplinary proceedings would not be invalid


email id: indrajeethrkanpur@rediffmail.com

Arihant AC (Legal Advisor)     28 June 2008

Could you please send Judgement copy to nehal_smruti@hotmail.com


 

Srinivas.B.S.S.T ( Advocate)     29 June 2008

Hope theaggreived party prefers to challenge the same soon.

Guest (n/a)     30 June 2008

good evening sir,


please send the copy of judgement.


 


regards,


pradeep saluja


 


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