Hi,
A protected workman was under transfer but the Court stayed his transfer. Later on, in another misconduct he was suspended. In the meantime, the court vacated the stay and was relieved but he has not reported to the new place. However, Management did not mention his suspension or disciplinary action in the relieving letter.
Now Management wants to revoke his suspension. The earlier Unit passed the order of suspension but from where he has been relieved. Kindly opine on :
1) who will issue his suspension revoking the order, I mean the original Unit from where the workman has been transferred or the New Unit where he has yet to join?
2) However, Management wants to proceed with the disciplinary action. What procedure will be followed? The Management Representative and Enquiry Officer were appointed by the earlier Unit and before the start of the enquiry proceedings, the workman had to be believed. It is not possible for the earlier enquiry Officer or MR to continue the proceedings at the new place being a far-off place.
Regards,
From India, Delhi
10A protected workman was under transfer but the Court stayed his transfer. Later on, in another misconduct he was suspended. In the meantime, the court vacated the stay and was relieved but he has not reported to the new place. However, Management did not mention his suspension or disciplinary action in the relieving letter.
Now Management wants to revoke his suspension. The earlier Unit passed the order of suspension but from where he has been relieved. Kindly opine on :
1) who will issue his suspension revoking the order, I mean the original Unit from where the workman has been transferred or the New Unit where he has yet to join?
2) However, Management wants to proceed with the disciplinary action. What procedure will be followed? The Management Representative and Enquiry Officer were appointed by the earlier Unit and before the start of the enquiry proceedings, the workman had to be believed. It is not possible for the earlier enquiry Officer or MR to continue the proceedings at the new place being a far-off place.
Regards,
From India, Delhi
Having had the opportunity to deal with the same issue many years back, the following clarifications are made.
1. Once an employee is transferred the ties with the old unit are entirely cut and the new unit starts having a lien on the service of the employee. So, all decisions and actions have to be taken by the new unit. If the old unit issues orders or takes action that would render the relieving from service of that unit a nullity and hence will be at cross purpose with the status of the employee. Incidentally the Government of India's Personnel Rules are to this effect.
2. The new unit can continue with the enquiry proceeding from the stage left by the previous unit. Since the EO & PO are unavailable at the new place, let the new order continuing the proceedings be issued with a new EO & PO being appointed and make it clear that the proceedings would continue.
From India, Mumbai
1. Once an employee is transferred the ties with the old unit are entirely cut and the new unit starts having a lien on the service of the employee. So, all decisions and actions have to be taken by the new unit. If the old unit issues orders or takes action that would render the relieving from service of that unit a nullity and hence will be at cross purpose with the status of the employee. Incidentally the Government of India's Personnel Rules are to this effect.
2. The new unit can continue with the enquiry proceeding from the stage left by the previous unit. Since the EO & PO are unavailable at the new place, let the new order continuing the proceedings be issued with a new EO & PO being appointed and make it clear that the proceedings would continue.
From India, Mumbai
Hello,
Suspension Revoking Order will be issued by the original unit from where he was transferred as he has not reported in the new unit. The earlier enquiry officer has to continue the proceedings online. If he had reported or joined in the new place the process would have been different.
From India, Ernakulam
Suspension Revoking Order will be issued by the original unit from where he was transferred as he has not reported in the new unit. The earlier enquiry officer has to continue the proceedings online. If he had reported or joined in the new place the process would have been different.
From India, Ernakulam
Regarding revoking of suspension order, the views of KK!HR, and Mr Deepak Vasudevan are conflicting. However, since KK!HR has practically dealt with such a situation previously, his views seem to be more realistic. However, need more elaboration on the subject.
From India, Delhi
From India, Delhi
I was working in a major manufacturing unit in Central India. There was a 2nd level union leader causing daily irritants. He had to be dealt with to control the situation. It was decided to transfer him to a Project site in Punjab (Those were the troublesome days there, the leader hailed from South India). He revolted and threatened the Manager and was coercing him to revoke the transfer order. We suspended him and issued relieving order in absentia.
He challenged the suspension and transfer order before the Labour Court as victimisation but no stay order could be obtained by him. His entry to the earlier Unit was stopped. The new Unit issued him orders to report on duty failing which presumption of abandonment would be drawn was informed to him. After two such communications, he went to the new Project Site and assumed charge there. We continued with the enquiry and finally he got his punishment order.
This is how we dealt with the matter. For dealing with this case, a lot of research was done on the procedure to be adopted and who will do what. This helped in dealing with many such matters later.
From India, Mumbai
He challenged the suspension and transfer order before the Labour Court as victimisation but no stay order could be obtained by him. His entry to the earlier Unit was stopped. The new Unit issued him orders to report on duty failing which presumption of abandonment would be drawn was informed to him. After two such communications, he went to the new Project Site and assumed charge there. We continued with the enquiry and finally he got his punishment order.
This is how we dealt with the matter. For dealing with this case, a lot of research was done on the procedure to be adopted and who will do what. This helped in dealing with many such matters later.
From India, Mumbai
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