Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ria Nath Puri (Administrator)     07 November 2009

Disobediance due to non payment

Due to dire financial constraints our company couldn’t make payments to some of the managerial positioned employee. The employee has a history of crankyness at work., abruptly leaving the workplace due to tiffs with other employees, refusal to come on time, rude behavior with superiors and juniors, refusing to tutor juniors. He was constantly excused by the senior management due his good work. His bad behavior and attitude was excused. Recently the firm was under heavy financial constraints and due to which a few managerial held positions were taken into confidence and promised salary in a month. Only this man started to create trouble by mentioning to his juniors that he isn’t paid to tutor them or he is only paid of some limited job etc. He was paid salary on time since the past 7 month and more months. It was only a matter of one month. Exactly the next month he was paid 5 days earlier but his previous months salary. He was promised his salary in the coming month yet he went to the higher management, mailing them abusive words and refusing to start his job. He clearly mailed that he shall not work till his dues for the previous month and the present month was not paid but he would come to work and complete his working hours to respect his workplace. He lied about having verbal conversations with the senior managers about the date of payments and mode of payments. What should be done because a complete 30 people shall suffer his decision to pause work till the dues are cleared. The senior managers decided to terminate him with the complete salary of the past but deducting one weeks salary for disobedience and false claims. Kindly advise


Learning

 3 Replies

meenu katuria (student)     07 November 2009

 ria u should allow them 2 explain their situation b4 u take any final decision.

KUMAR JAGADEESAN (COMPANY SECRETARY & COMPLIANCE OFFICER)     10 November 2009

I endorse the opinion of Mr.Gopalsoni and Ms.Seema. But if his coming to work is creating problems in the workplace, you may suspend him pending enquiry and final decision. He need not be allowed entry into the office/ factory during his suspension. Check up with the procedure if any laid down in the company's standing orders if any for suspension.

J.KUMAR

Hyderabad

Suresh C Mishra (advocate)     11 November 2009

 it appears that the concerned officer is doing misconduct and  he should be charge sheeted fist and action of termination will be in accordance with the principle of natural justice only and the cuases shown will not be suffeicient if he has not been provided opportunity of hearing .


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