LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mugundhan (Lawyer)     03 September 2010

Domestic Enquiry

In a domestic enquiry, whether the charge sheeted employee can ask for assistance of a worker who had been already terminated by the company?


 4 Replies

R.Ramachandran (Advocate)     03 September 2010

Sir, while a worker in the industry can assist another worker under enquiry, but in the instant case you say that the person whose assistance is being sought already stands terminated.  As such, he would not qualify as a worker in the industry and therefore would not be permitted to appear as defence assistant.

1 Like

T.R. Ganesan (Advocate)     03 September 2010

  Yes, I agree with Advocate, Ramachandran's answer.  But if the terminated worker is an office bearer of 

a Trade Union functioning in the stablishment, he has got the legal right to represent as Defence Representative

in th domestic enquiry.

T.R. Ganesan,


1 Like


there must be a provision in the rule/standing order for the office bearers to assist the worker in domestic enquiry.If not it is not possible unless the office bearer is also a co worker

1 Like

T.R. Ganesan (Advocate)     04 September 2010

The CSW can be defended by a  workman of his choice provioded the terminated 

workman has challenged the termination of his service before the Court.  Either a 

co workman or a workman of his choice is the option in line with prepondrance of law

opportunity is to be afforded.


T.R. Ganesan


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register