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SALA SATEESH (lawyer)     29 April 2008

Termination

Dear Member of Forum

Would anybody enlight me in supplementing the information /precedents regarding the termination of employee/workmen who has been booked u/s302 of IPC and which is evidenced in FIR..

But according to standing orders we can take action by issuing showcause notice and then disxplinary proceeding but i think can he right away be dismissed from the services summarily.

Revert with info to ID:sateesh_sala@yahoo.com

 



 5 Replies

H. S. Thukral (Lawyer)     29 April 2008

You still have to hold an inquiry and prove violations of standing orders to punish the employee. If the employee is acquited of the offence in court of law, termination of service san an inquiry shall be denial of natural justice. Ifa proper inquiry is held and the employee is found guilty then termination of service shall be justified irrespective of whether the criminal court absolves him of the charges. The standard of proof in a domestic inquiry is not as rigid as required in a criminal trial.

Guest (n/a)     30 April 2008

sir, The company a school managed by trust want to terminate staff working since last 4 years.what is the safest way/process.

H. S. Thukral (Lawyer)     30 April 2008

You mean staff as teachers only ? Or other staff too? In case of other staff, deemed to be workmen under the Industrial Disputes Act, section 25 F of the Act would apply. Teachers are not workmen. The state's local act would have to be seen in connection with employment of teachers.

Ajay kumar singh (Advocate)     03 May 2008

A person can not be dismissed only due to the reason that he has been booked U/S 302 I.P.C. The truth of allegations is yet to be tested in court of law. A departmental proceeding may at best be initiated against the employee and that too after giving him proper opportunity to show cause.He may then be kept in suspension if his explanation is not found to be satisfactory.The verdict of the court is to be awaited for. Dismissal of the employee depends on the judgment of the court.

mir mohamed ismail ali (service)     24 May 2008

Sir,

I HAVE BEEN TERMINATED FROM THE SERVICE WITHOUT ANY REASON AND ASKED TO RESIGN AND GO, WHEN I REFUSE TO RESIGN, THEY TERMINATED ME FROM THE COMPANY AND STILL I HAVE GOT ANOTHER 13 YEARS OF SERVICE LEFT. THIS HAS HAPPEN ON 22 FEWB 2008, THEY HAVE SENT THE TERMINATION LETTER TO MY HOUSE ADDRESS AND AFTER THAT I HAVE FILED A PETITION IN THE LABOUR COMMISSIONER OFFICE WHICH I UNDER THE DLC, BANGALORE, 3 TO 4 SITTINGS ARE OVER AND MANAGEMENT HAS FILED THE AGAINST MY PETITION STATING THAT MY CASE CANNOT BE RUN UNDER THIS DLC OFFICE BECAUSE I AM SUPERVISOR BUT I HAVE NOT GOT ANY AUTHORITY OF ANYTHING SIGNIN THE DOCUMENTS OR ANYTHING ELSE AND MANAGEMENT HAS ASKED REJECTED THE CASE HERE AND I HAVVE ARGUED WITH THE DLC AS PER THE INDUSTRIAL DISPUTE ACT I AM ELIGBLE OR NOT IN THIS OFFICE PLEASE CONFIRM AND WITH BRIEF DETAILS PLEASE THE HEARING IS ON31 MAY 2008 I.E FINAL DECISION BY DLC WETHER TO RUN THE CASE HERE OR NOT

THANING YOU
ISMAIL ALI
MIRALI_SMILE@YAHOO.COM

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