Hi sir
I am working private mnc company
in this subject give me more information
I am in suspension under pending enquiry fast 7 months
I am receiving subsistence allowance 90%
but not issued Charge sheet and not conducting enquiry
Please inform me in this case any time frame of issue charge sheet and conducting enquiry time period and this is natural justice process or not
From India, Chennai
I am working private mnc company
in this subject give me more information
I am in suspension under pending enquiry fast 7 months
I am receiving subsistence allowance 90%
but not issued Charge sheet and not conducting enquiry
Please inform me in this case any time frame of issue charge sheet and conducting enquiry time period and this is natural justice process or not
From India, Chennai
In this connection, you may please throw more light on the following:-
1) Reasons for your suspension from duty
2) What position are you working
From the percentage of subsistance allowance, it appears that your company is handling
things in a proper way; as you have crossed 180 days suspension period, you are paid
subsistence allowance @ 90%.
Please elaborate things in a detailed manner, so that you may receive an expert opinion.
From India, Aizawl
6251) Reasons for your suspension from duty
2) What position are you working
From the percentage of subsistance allowance, it appears that your company is handling
things in a proper way; as you have crossed 180 days suspension period, you are paid
subsistence allowance @ 90%.
Please elaborate things in a detailed manner, so that you may receive an expert opinion.
From India, Aizawl
Thanks for your reply sir I am working as a technician suspension reson work Slow down No verbal warning and not issued show cause notice and warning letter
From India, Chennai
From India, Chennai
Suspended pending enquiry for the past 7 months for slowing down work, yet charge sheet not issued shows that disciplinary action was decided in haste and there is not enough corroborative evidence. It looks like you are working in a factory.
Check the standing orders applicable to you. Payment of 90% wages as Subsistence Allowance is also questionable. It appears to be a case where it is decided to suspend you and take disciplinary action, the slow down of work is being used as a reason for the same.
From the limited facts shared, it looks like a victmisation or prejudiced action, hence you may consider challenging it.
From India, Mumbai
Check the standing orders applicable to you. Payment of 90% wages as Subsistence Allowance is also questionable. It appears to be a case where it is decided to suspend you and take disciplinary action, the slow down of work is being used as a reason for the same.
From the limited facts shared, it looks like a victmisation or prejudiced action, hence you may consider challenging it.
From India, Mumbai
Good evening sir
Thanks for your support and reply sir
Any time limit issuing Charge sheet and conducting enquiry and in this case how to challenge legale sir which labour laws support in this case please provide me full details sir
From India, Chennai
Thanks for your support and reply sir
Any time limit issuing Charge sheet and conducting enquiry and in this case how to challenge legale sir which labour laws support in this case please provide me full details sir
From India, Chennai
There is no laid-down formula for the time limit for issuing chargesheet. Certainly, 7-month delay is too much and it looks like the action is biased and prejudiced. Since you are in a private MNC, writ remedy is not there, but as being a 'workman' category you can challenge the action in Labour Court. Consult any good advocate practing in the Labour law matters.
From India, Mumbai
From India, Mumbai
You have a very strong case. From your answer (post no.3), it is understood that
you were neither given verbal/written warning nor Show Cause Notice (SCN). The practice of
straightaway putting an employee in Suspension from duty, without warning letter, SCN or
Charge sheet, that too for a very long period, is unheard of,
As per normal industrial practice, if the instance is for the first time, verbal or written warning is
issued to the erring employee, If the misconduct is repeated, then SCN or Charge sheet is issued
and place him under suspension followed by domestic enquiry. All these are not followed by your
company management, in your case
As our learned senior member Mr.KKHR pointed out, you can approach a good advocate
(who specialises in Labour & Industrial Laws) and involve Labour office, as per his suggestion, and get rid of this.
From India, Aizawl
you were neither given verbal/written warning nor Show Cause Notice (SCN). The practice of
straightaway putting an employee in Suspension from duty, without warning letter, SCN or
Charge sheet, that too for a very long period, is unheard of,
As per normal industrial practice, if the instance is for the first time, verbal or written warning is
issued to the erring employee, If the misconduct is repeated, then SCN or Charge sheet is issued
and place him under suspension followed by domestic enquiry. All these are not followed by your
company management, in your case
As our learned senior member Mr.KKHR pointed out, you can approach a good advocate
(who specialises in Labour & Industrial Laws) and involve Labour office, as per his suggestion, and get rid of this.
From India, Aizawl
Thanks for your support and reply sir
sorry for the late reply from my side
I meet labour law advocate as per your valuable saggestion Consult any good advocate practing in the Labour law matter
I meet labour law related advocate his suggest wait for charge sheet manegment when calling you to issued Charge sheet and enjoy the benefits of 90% subsistence allowance payment ofter receiving charge come and meet me with charge sheet
From India, Chennai
sorry for the late reply from my side
I meet labour law advocate as per your valuable saggestion Consult any good advocate practing in the Labour law matter
I meet labour law related advocate his suggest wait for charge sheet manegment when calling you to issued Charge sheet and enjoy the benefits of 90% subsistence allowance payment ofter receiving charge come and meet me with charge sheet
From India, Chennai
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Translated charge sheet shrigopal soni.doc