Dear Mr.Harikrishnan
I had answered for whether termination is possible withouth holding domestic enquiry. Intervention of labour authorities/Court is subsequent to dismissal. That too if the deliquent approaches the said forum.
Further more, the labour court as a routine matter cannot set aside the order of termination just like an appellate authority.
From India, Tiruchchirappalli
18I had answered for whether termination is possible withouth holding domestic enquiry. Intervention of labour authorities/Court is subsequent to dismissal. That too if the deliquent approaches the said forum.
Further more, the labour court as a routine matter cannot set aside the order of termination just like an appellate authority.
From India, Tiruchchirappalli
Dear Mr.Kumaresan
Whether termination is possible without holding domestic enquiry or not I have answered in my first post itself. Please go through it and you will find the answer. I thought that I am obliged to incorporate in the posting, the consequence that could follow if the matter goes to the labour court. These postings are not intended for any one person or individual. This is for all those who view these postings. In my postings I have not said that the Labour Court can set aside termination in a routine manner. So please do not ascribe to me what I have not posted. I request you to go through the commentaries on Section 11A of the Industrial Disputes Act 1947. This section had been interpreted to confer on the Labour Court, the power to order reinstatement, and ordering reinstatement means that the dismissal order is set aside. You should thank your stars if the dismissed employee does not approach the Labour authorities. In your post you are referring to "Appellate Authority". Are you referring to any "Appellate Authority" under the Industrial Disputes Act or any other law? Please enlighten me on this aspect I would be much obliged.
With regards
From India, Madras
Whether termination is possible without holding domestic enquiry or not I have answered in my first post itself. Please go through it and you will find the answer. I thought that I am obliged to incorporate in the posting, the consequence that could follow if the matter goes to the labour court. These postings are not intended for any one person or individual. This is for all those who view these postings. In my postings I have not said that the Labour Court can set aside termination in a routine manner. So please do not ascribe to me what I have not posted. I request you to go through the commentaries on Section 11A of the Industrial Disputes Act 1947. This section had been interpreted to confer on the Labour Court, the power to order reinstatement, and ordering reinstatement means that the dismissal order is set aside. You should thank your stars if the dismissed employee does not approach the Labour authorities. In your post you are referring to "Appellate Authority". Are you referring to any "Appellate Authority" under the Industrial Disputes Act or any other law? Please enlighten me on this aspect I would be much obliged.
With regards
From India, Madras
Dear Mr.Harikrishnan
You should not take it anything personnally. I have no intention to comment on you personnally. I jus replied to your posting & nothing more. I'm also here to share my ideas with members of this elite forum. I posted my views to match the query raised. I never ascribe any thing. My 2nd para is general statement for members of this elite forum.
I mean to say that labour court is not an "Appellate Authority" just like Appeal court above the trial court or like the one constituted by management in any organization. Labour Court's power is only to see that order of dismissal, dishcarge, etc are shocking disproportionate to charges levelled against the deliniquent.
From India, Tiruchchirappalli
You should not take it anything personnally. I have no intention to comment on you personnally. I jus replied to your posting & nothing more. I'm also here to share my ideas with members of this elite forum. I posted my views to match the query raised. I never ascribe any thing. My 2nd para is general statement for members of this elite forum.
I mean to say that labour court is not an "Appellate Authority" just like Appeal court above the trial court or like the one constituted by management in any organization. Labour Court's power is only to see that order of dismissal, dishcarge, etc are shocking disproportionate to charges levelled against the deliniquent.
From India, Tiruchchirappalli
Dear Mr.KumaresanK
I have not taken anything personally. My intention is not only to respond academically and professionally to the posts but also to be cautious to ensure that my posts should not be misconstrued and create problematic issues. Almost all dismissals and especially dismissals without holding an enquiry had been challenged legally and some cases have gone to the level of the Supreme Court. Therefore I felt that it is my duty to caution the readers of my posting about the powers vested in the Labour Court to hold that the punishment of dismissal is disproportionate to the charges held proved. In my service in this field spanning 33 years I have come across instances where the employer had to face the situation of reinstating a worker who was dismissed for proven misconduct on the ground that the punishment is disproportionate to the charges held proved.
With regards
From India, Madras
I have not taken anything personally. My intention is not only to respond academically and professionally to the posts but also to be cautious to ensure that my posts should not be misconstrued and create problematic issues. Almost all dismissals and especially dismissals without holding an enquiry had been challenged legally and some cases have gone to the level of the Supreme Court. Therefore I felt that it is my duty to caution the readers of my posting about the powers vested in the Labour Court to hold that the punishment of dismissal is disproportionate to the charges held proved. In my service in this field spanning 33 years I have come across instances where the employer had to face the situation of reinstating a worker who was dismissed for proven misconduct on the ground that the punishment is disproportionate to the charges held proved.
With regards
From India, Madras
Dear Mr.Hariharan
It is quite common among the parties in the forum to fight vigorously their stands that doesn't mean one hate the opposite party. In such a way i posted my comments & happy to see that you accepted in the same without taking it personnally.
i would like to add further that unlike civil laws, labour laws does not have procedure/codes. It is all judge-made law in most of the case. Apex courts verdicts are taken as basis for news issues. For the same issue courts may give two different views as verdict purely depends on the fact & circumstance of the case. Hence nature of misconduct plays the role in awarding punishment.
From India, Tiruchchirappalli
It is quite common among the parties in the forum to fight vigorously their stands that doesn't mean one hate the opposite party. In such a way i posted my comments & happy to see that you accepted in the same without taking it personnally.
i would like to add further that unlike civil laws, labour laws does not have procedure/codes. It is all judge-made law in most of the case. Apex courts verdicts are taken as basis for news issues. For the same issue courts may give two different views as verdict purely depends on the fact & circumstance of the case. Hence nature of misconduct plays the role in awarding punishment.
From India, Tiruchchirappalli
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