On matters which are before the Court, we cannot make any formal opinion. Moreover, 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-parte 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
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4476When the case came up for hearing, you absented yourself, and the verdict was passed ex-parte 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
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Hi,
All the suggestions you have given are absolutely correct, and I am in agreement with them. I just want to add that if the workman is making the same mistake, let him do so; at least he is supposed to make that mistake three or more times. You can issue him a show cause notice and then proceed with strong disciplinary action (suspension, etc.) based on the standing order background. Send the fillers to the shop floor to spread this information so that the situation can be controlled.
Regards,
Suman K
From India, Hyderabad
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All the suggestions you have given are absolutely correct, and I am in agreement with them. I just want to add that if the workman is making the same mistake, let him do so; at least he is supposed to make that mistake three or more times. You can issue him a show cause notice and then proceed with strong disciplinary action (suspension, etc.) based on the standing order background. Send the fillers to the shop floor to spread this information so that the situation can be controlled.
Regards,
Suman K
From India, Hyderabad
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