Upgrad LLM

dismissed from service for applying study leave


Hello sir,

                I was working in a public sector enterprise as an managerial staff for five  years. On a routine company medical checkup, I came to know I got liver disorder. So I applied for a month long leave for medicaton. The company accepted my leave.Then after one month , I  applied study leave to pursue higher education so that I can improve my health aswellas my qualification further, but the company rejected my study leave. They called me to attend the domestic enquiry twice which I couldnt able to attend it. They told a final enquiry would be done by the exparte. But all of a sudden they send me a dismissal letter. I need to work in the company. what should I do now? Whether I should go to labour court?

 
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FIN

It is felt that you were on unauthorized leave, which prompted your employer to initiate domestic inquiry and you made the matter worse by not joining the inquiry and even final call during which employer took ex-party decision as announced.

 

You should have resumed duty if you were declared medically fit by your specialist doctor, or applied for extension of medical leave if doctor advised it.

After resuming duty you could have applied for study leave as per rules of the company.

Did you reply to all communications of the company?

You may approach a competent and experienced service lawyer well versed with the rules of your company, with all documents, appointing letter, service rules, standing orders, notices, memos issued by the company, order of dismissal and give inputs in person. Your lawyer may be in a position to draw some strategy to help you.

Valuable advice of learned experts/members is sought.

The order of dissmissal shall be damaging for your future.

 
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Manager (Admn)

Dear Mr.Sasikumar,

1.Whether  the domestic enquiry issues conveyed to the Labour Department  by the Company?

2.Whether your dismissal letter copy submitted by the Company to the Labour Department?  And whether they have approved it?  if not you may approach the Labour Department.

3. Your Company Heads  were  annoyed due to your non-cooperative attitude.  You would have convey your difficulties to your heads in polite manner. Try to convince them since nothing is impossible.   

 
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FIN

Mr. Murthy has shown the way.

You may act fast.

Employee should always remain amiable and must never block channels of communication.

 
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Dy Director

I am sorry. I may have to disagree with Mr Murthy.  In Govt sector an employee can be dismissed from service by an authority holding no lesser rank than Appointing Authority and after following the procedure prescribed.  In PSU such procedure is prescribed n CDA Rules framed by the company.  There is no requirement of seeking approval of labour department.

 

The matter has earlier been discussed at http://www.lawyersclubindia.com/forum/Dismissing-an-employee--61641.asp

 

It is not applying for study leave rather being on leave without leave which lead to his dismissal (as stated by him). There had also been an inquiry against him (as stated by him).  He could have appealed to the Appellate Authority, within the period prescribed as per CDA Rules of the company. I believe that such period may have lapsed by now.

 

 
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FIN

As pointed out by LCI Expert Mr. Sudhir Kumar, cue is taken from another thread initiated by you.

In that thread you have posted that” Further in need of medication I had asked for leave extension, which was not granted by the employer. I want to utilize my medication period to study post graduation . So I had applied for study leave , which was also declined by my employer.”

 

In this thread you have posted that “So I applied for a month long leave for medicaton. The company accepted my leave.Then after one month , I  applied study leave to pursue higher education so that I can improve my health aswellas my qualification further, but the company rejected my study leave.”

 

You alone would know which leave was applied by you, extension of sick leave or study leave, but as per your post your leave was not approved, and you did not join domestic inquiry.

Your employer was suspicious. You should have satisfied your authority. The authority has applied discretion and awarded punishment which is severe and damaging.

You may meet the authority and seek pardon from authority. The authority may pardon if possible or pave the way for you.

All said and done you may approach a competent and experienced service lawyer well versed with rules of your establishment. Please be honest with your lawyer and do not conceal. Your lawyer may have some strategy for you and may get you relief.   

 
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Manager (Admn)

Dear sirs,

I confess the suggession made by Mr.Sudhir ji, but PSU is different from direct Gov't .  Involvement of Labour Deaprtment may not be  a impossible issue. 

 
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Dy Director

He was on a managerial position and apparently not a wormkan. 

 

PSUs need not seek prior approval of labour deptt for exercising disciplinary powers.  I shall be greatful and enlightened if any such provision could be shared by Mr Murty. If the queriest was a workman he could have contacted labour department to challnage the penalty. 

 

he was givne opportuinity during inquiry and failed to attend. he can now only appeal to the Appellate Authority if the limitation as per CDA Rules has not expired.

 
Reply   
 

Thanks for the suggestions.

In my company a couple of years before a supervisor (managerial cadre) was granted study leave for 2 years.

An operator was given study leave before, but he went to abroad to earn and finally when he came he told he failed in the exams so he couldnt obtain degree. 

An operator usually takes 2 to 3 months a year leave by giving false reasons and he would go to abroad to work as contract.

An operator who was working in the company for few years, went to politics as a supporter for a party, and absconded from the company, then all of a sudden after 20 long years he came back to work in the same capacity in my company itself. 

My company gives study leave to others( who have influence with higher officials), grants leave for 2-3 months a year for forign trip to  work in another company as contract employee, a company accepts a absconded employee and takes him back after 20 years but they cant grant me study leave, which is a genuine cause.

I had told to the management in letter politely to  grant me study leave but they refused mine.

How come a company's management gives study leave to one employee but rejects others?

Whether their act shows the biased nature?

I dont know whether they communicated to the labour department regarding my dismissal order.

what should I do now ...? Seek an expert lawyer advice?

Directly go to company or write to the company regarding the unjustifiable dismissal?

 

 
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Dy Director

You have to put relevnt facts in the appeal (if not time barred). Quoting cases of those who could secure study leave would not help your case.  You are clear that you intended to use the study leave for other purpose.

 

Further study leave can be granted if (i) the proposed course is beneficial to the organisation with referenc eto the post held by the applicant ;  and (ii) the applicant has served for 5 years nd has remaining 3 years.

 
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