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Chethana (Accountant)     09 June 2017

Work supervisor termination

Respected Sir's, 
We have terminated Work Supervisor in 2016 on the grounds of un-ethical practice and other mis-conducts activity. The decision was on the spot without giving notice period as it was observed by us personally for 2 month period.
As per Offer Letter, we have made it clear that if involved in un-ethical practice, immediate serious action shall be taken. Also their is a 4 months notice period for employer and employee in case of regination/termination.
However in this termination we have made it clear that no settlement shall be amde due to gross mis-conduct and un-ethical practice.
Few reasons for terminating as follows:
1. Demanding Bribe/Commission from labors and staff members who work directly for our company - Evidence available
2. On few occasions Supervisor accepted Bribe and labors/staff members have submitted written statement - Evidence Available
4. Not achieving monthly target by not engaging right workers for the work
5. Increased OT to labors without reason/work whereby labors get more money to pay commission
6. Continuous mis-behaving with all of staff members and EGOism
7. Disturbing work by not allowing other staff members to utilize idle labors for the useful work
8. Making labors to sit idle and still instructing supervisors to given them attendance without performing any work
9. Alcohol addicted during work hours and unplanned absence

Based on above is this suffice to terminate without enquiry, etc... Any consequences? Ex-Employee has filed a case on illegal termination in the Civil Court for recovery and also complained to Labor Department. Please advice. We are considering to take legal action based on available evidence with us.
Thx for the advice.



Learning

 10 Replies

Adv. Vaishali Harish Gore (job)     09 June 2017

does immeidiate termination on enethecal behaviour were incorporated in the appointment letter? does he had signed the termination letter given by you?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 June 2017

Notice to the employee before termination is a must as per natural justice. 

Chethana (Accountant)     09 June 2017

Offer Letter does include without notice termination/suspention from the work if involved in un-ethical activity and which was signed and accepted by employee before joining. Best.

Kumar Doab (FIN)     09 June 2017

Originally posted by : Chethana
Respected Sir's, 
We have terminated Work Supervisor in 2016 on the grounds of un-ethical practice and other mis-conducts activity. The decision was on the spot without giving notice period as it was observed by us personally for 2 month period.
As per Offer Letter, we have made it clear that if involved in un-ethical practice, immediate serious action shall be taken. Also their is a 4 months notice period for employer and employee in case of regination/termination.
However in this termination we have made it clear that no settlement shall be amde due to gross mis-conduct and un-ethical practice.
Few reasons for terminating as follows:
1. Demanding Bribe/Commission from labors and staff members who work directly for our company - Evidence available
2. On few occasions Supervisor accepted Bribe and labors/staff members have submitted written statement - Evidence Available
4. Not achieving monthly target by not engaging right workers for the work
5. Increased OT to labors without reason/work whereby labors get more money to pay commission
6. Continuous mis-behaving with all of staff members and EGOism
7. Disturbing work by not allowing other staff members to utilize idle labors for the useful work
8. Making labors to sit idle and still instructing supervisors to given them attendance without performing any work
9. Alcohol addicted during work hours and unplanned absence

Based on above is this suffice to terminate without enquiry, etc... Any consequences? Ex-Employee has filed a case on illegal termination in the Civil Court for recovery and also complained to Labor Department. Please advice. We are considering to take legal action based on available evidence with us.
Thx for the advice.

 

The opportunity of hearing, natural justice could have been provided.

 

Kumar Doab (FIN)     09 June 2017

Do standing orders apply to establishment?

Does your establishment has its certified standing orders and does these cover designation of employee? 

darshana sawant (associate consultant)     26 June 2017

Dear Chethana,

 

In which state is your company located? The reason is that in Maharashtra there is an Act called the Maharastra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act.  If you terminate any employee without holding an domestic enquiry, then he can approach the Labour Court and ask for interim relief under this Act, including reinstatement.  You can defend yourself by saying that he is not a 'workman' and therefore Labour Court would not have the jurisdiction to decide the matter, but till all these issues are decided period of 3-4 years are passed.  

Instead of taking any risk, it is advisable to take the legal recourse.

So you can suspend this employee pending enquiry and hold a domestic enquiry to prove the charges levelled against him, thereafter you can dismiss him, so you stand a better chance in the court of law, having followed the procedure.

 

darshana sawant (associate consultant)     26 June 2017

Dear Chethana,

 

In which state is your company located? The reason is that in Maharashtra there is an Act called the Maharastra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act.  If you terminate any employee without holding an domestic enquiry, then he can approach the Labour Court and ask for interim relief under this Act, including reinstatement.  You can defend yourself by saying that he is not a 'workman' and therefore Labour Court would not have the jurisdiction to decide the matter, but till all these issues are decided period of 3-4 years are passed.  

Instead of taking any risk, it is advisable to take the legal recourse.

So you can suspend this employee pending enquiry and hold a domestic enquiry to prove the charges levelled against him, thereafter you can dismiss him, so you stand a better chance in the court of law, having followed the procedure.

 

darshana sawant (associate consultant)     26 June 2017

Dear Chetana,

In Maharashtra there is an Act called MRTU & PULP Act, wherein the employee can approach the Labour Court and seek ad interim relief of reinstatement for termination or dismissal without holding an enquiry.

So it is better to take legal recourse by suspending him pending enquiry and dismissing his services after the misconduct is proved in a formal enquiry. Ensure that free and fair enquiry is conducted and copy of the findings are sent to the employee prior to dismissal. Then you stand a better chance in the court of law.

 

 

Kumar Doab (FIN)     27 June 2017

Ms.darshana sawant is right.

Agreed.

 

Kumar Doab (FIN)     27 June 2017

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

 

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………


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