On matters which are before the Court we can not make any formal opinion. More over, you have not shared many of the vital information through the post, like you have stated that you approached the "Shops and Establishment" to get your salary paid " as per an Apex Court Order". Can you quote which order of the Supreme Court of India you referred before the District Labour Officer-IR( I presume you have approached the Labour Officer)?
When the case came up for hearing you absented yourself and the verdict was passed ex-partie by the Labour Court/Tribunal. Why did you absent for the hearing? I don't think that they did not give you enough opportunities and all these times you had family problems whereas your attending hearing is also a very important issue which you should not have ignored. If the departmental enquiry was conducted following the procedure as it is required, you cannot say that the order is illegal. If so, no court can interfere in the findings and punishments awarded based on the findings of the Enquiry Officer. Certainly, if the order of dismissal was given without giving you an opportunity to be heard or without following the procedures required for a departmental enquiry, you could expect a reinstatement. But since you had absented from the hearings, the court would have upheld the order of dismissal in the absence of any evidence from your side. Now you have to wait and see what will happen.
Madhu.T.K
From India, Kannur
4246When the case came up for hearing you absented yourself and the verdict was passed ex-partie by the Labour Court/Tribunal. Why did you absent for the hearing? I don't think that they did not give you enough opportunities and all these times you had family problems whereas your attending hearing is also a very important issue which you should not have ignored. If the departmental enquiry was conducted following the procedure as it is required, you cannot say that the order is illegal. If so, no court can interfere in the findings and punishments awarded based on the findings of the Enquiry Officer. Certainly, if the order of dismissal was given without giving you an opportunity to be heard or without following the procedures required for a departmental enquiry, you could expect a reinstatement. But since you had absented from the hearings, the court would have upheld the order of dismissal in the absence of any evidence from your side. Now you have to wait and see what will happen.
Madhu.T.K
From India, Kannur
Hi
All the suggestions which you have given are absolutely correct and i am in the agreement with the same. I just want to add that " If that workmen making same mistake let him do, at least he suppose to make that mistake for three or more than three times. You can issue him show cause and then go for strong disciplinary action (Suspension ) etc on the Standing order background. Send the fillers on shopfloor to spread this information so the situation will be controlled."
Regards
Suman k
From India, Hyderabad
All the suggestions which you have given are absolutely correct and i am in the agreement with the same. I just want to add that " If that workmen making same mistake let him do, at least he suppose to make that mistake for three or more than three times. You can issue him show cause and then go for strong disciplinary action (Suspension ) etc on the Standing order background. Send the fillers on shopfloor to spread this information so the situation will be controlled."
Regards
Suman k
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Termination-emp loyment_563.pdf
Termination letter.doc