In absence of information in the post, I assume that workers did not delay the inquiry
Following that assumption, please explain why the worker will be derived of 18 months half wages, increments etc for an action where in disciplinary action of 4 days suspension
I get a feeling that the courts at likely to issue adverse orders when the union decides to file a case
From India, Mumbai
2395Following that assumption, please explain why the worker will be derived of 18 months half wages, increments etc for an action where in disciplinary action of 4 days suspension
I get a feeling that the courts at likely to issue adverse orders when the union decides to file a case
From India, Mumbai
Dear Mr. Banerjee,
The provision is there in Model Standing Orders applicable for Coal Mines. Again Mr. KK Nair has given a very true scenario of root cause behind delay in inquiry process.
Regardless of what the provisions are, in the instant case, the employee has been awarded a punishment of only 4 days' pay loss or Suspension period has been confirmed for only 4 days. In such a situation, the employee is entitled to full wages/salary beyond the period of 4 days after deduction of amount actually paid to him as Subsistence Allowance.
AK Jain
From India, Jabalpur
The provision is there in Model Standing Orders applicable for Coal Mines. Again Mr. KK Nair has given a very true scenario of root cause behind delay in inquiry process.
Regardless of what the provisions are, in the instant case, the employee has been awarded a punishment of only 4 days' pay loss or Suspension period has been confirmed for only 4 days. In such a situation, the employee is entitled to full wages/salary beyond the period of 4 days after deduction of amount actually paid to him as Subsistence Allowance.
AK Jain
From India, Jabalpur
Dear Saswat, I would agree that there may be instances, where management would prolong the enquiry for months, even years, altogether, and finally end up imposing some silly punishment just to deny the workman the remaining wages after payment of subsistence allowance for the suspension period. But such cases are very few, although not unheard of. Such action has to have the backing of the applicable Standing Orders (SO) provision. There are certain SO which provide that even if the simplest of all punishments, without any consequence, the censure, is imposed the worker will not be entitled to any further payment. But there are other SO where provision exist that unless any major penalty is imposed the workman would be entitled to remaining wages.
From the limited facts, it appeared that the applicable provision did not entitle the workman to remaining wages. The union, having already extracted a light punishment of 4 days suspension for such a serious misconduct, which otherwise could have resulted in termination of service, now wants the remaining wages too. This would be putting a premium on such misconduct and the erring worker is getting rewarded, thanks to his union actvism. But it will have disastrous consequence to the organisation, to the morale of the assaulted supervisor and to the rest of workforce, the message will not be something they feel happy about. Already the workman has been let off lightly, that is what I feel. So please decide on the basis of the applicable SO provision.
KK
From India, Bhopal
From the limited facts, it appeared that the applicable provision did not entitle the workman to remaining wages. The union, having already extracted a light punishment of 4 days suspension for such a serious misconduct, which otherwise could have resulted in termination of service, now wants the remaining wages too. This would be putting a premium on such misconduct and the erring worker is getting rewarded, thanks to his union actvism. But it will have disastrous consequence to the organisation, to the morale of the assaulted supervisor and to the rest of workforce, the message will not be something they feel happy about. Already the workman has been let off lightly, that is what I feel. So please decide on the basis of the applicable SO provision.
KK
From India, Bhopal
Hi friends,
I endorse the views of Saswat and the others in the same line.You cannot punish one twice for the same misconduct.Notwithstanding the gravity of the misconduct alleged and proved, it is over by the punishment awarded and its scale and the circumstance have no room for rumination as of now. We should remember that the term 'suspension', as it is,does not carry any stigma with itself as long as it is associated with the pendency of the enquiry either contemplated or in existence.On the contrary, when it is awarded as a punishment, it becomes punitive in nature and acts as a bar in other respects like promotion, continuity of service period etc.Therefoe. the workmen are entitled to full wages minus the suspension allowance already received except for the 4 days of punitive suspension.
From India, Salem
I endorse the views of Saswat and the others in the same line.You cannot punish one twice for the same misconduct.Notwithstanding the gravity of the misconduct alleged and proved, it is over by the punishment awarded and its scale and the circumstance have no room for rumination as of now. We should remember that the term 'suspension', as it is,does not carry any stigma with itself as long as it is associated with the pendency of the enquiry either contemplated or in existence.On the contrary, when it is awarded as a punishment, it becomes punitive in nature and acts as a bar in other respects like promotion, continuity of service period etc.Therefoe. the workmen are entitled to full wages minus the suspension allowance already received except for the 4 days of punitive suspension.
From India, Salem
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Initial telephonic inquiry.doc
Domestic Inquiry.pdf