Dear Sirs
Is the dismissal order of an employee valid, if he launches an illegal strike without any prior intimation to the Management by inciting other co-workers in a "Public Utility Service" Company?
Regards
From India, Kadapa
1Is the dismissal order of an employee valid, if he launches an illegal strike without any prior intimation to the Management by inciting other co-workers in a "Public Utility Service" Company?
Regards
From India, Kadapa
These very brief details are not sufficient to give a considerd opinion. If the termination of service follows departmental inquiry, then prima facie it is justified. The validity of the inquiry could be challenged in court of law. If no inquiry was done then you can challenge on that count.
Give more details to examine the matter in depth.
From India, Mumbai
Give more details to examine the matter in depth.
From India, Mumbai
DearSir
The worker was dismissed only after conducting a domestic inquiry and observing all the principles of natural justice. Now, please tell me whether the dismissal orders are justified or not.
Regards
From India, Kadapa
The worker was dismissed only after conducting a domestic inquiry and observing all the principles of natural justice. Now, please tell me whether the dismissal orders are justified or not.
Regards
From India, Kadapa
Yes, this dismissal can be justified. When challenged in court, try to put up the loss caused to the company also, both direct and indirect. The leadership role played by the dismissed worker has to be portrayed before the court. Leading an illegal strike is an unpardonable misconduct. You have a good case.
From India, Mumbai
From India, Mumbai
Dear Khaleel,
Although our expert professional KK!HR has given a valuable piece of advice, but simultaneously there appears to be lack of details pertaining to background of strike which you term as illegal and finally dismiss the employee. Although you have not indicated as to whether the said employee was an office bearer of the union and as to whether the union is recognized or not. It is not possible that any union would resort to lightning strike without first giving in writing its demands etc. The demand letter normally contains a clause of notice. However there are situations when circumstances justify strike without service of specific notice of strike. The departmental inquiry can be lacking in proper procedure and findings of the Inquiry Officer can be without proper evaluation of evidence on record. The Disciplinary Authority has to pass a speaking order and give reasons to override the circumstances created by the dismissed employee. Hence, the case has potential for review either on appeal by the employee or suo motto by the Disciplinary Authority.
Regards
Chandra Mani Lal Srivastava
93155516083
From India, New Delhi
Although our expert professional KK!HR has given a valuable piece of advice, but simultaneously there appears to be lack of details pertaining to background of strike which you term as illegal and finally dismiss the employee. Although you have not indicated as to whether the said employee was an office bearer of the union and as to whether the union is recognized or not. It is not possible that any union would resort to lightning strike without first giving in writing its demands etc. The demand letter normally contains a clause of notice. However there are situations when circumstances justify strike without service of specific notice of strike. The departmental inquiry can be lacking in proper procedure and findings of the Inquiry Officer can be without proper evaluation of evidence on record. The Disciplinary Authority has to pass a speaking order and give reasons to override the circumstances created by the dismissed employee. Hence, the case has potential for review either on appeal by the employee or suo motto by the Disciplinary Authority.
Regards
Chandra Mani Lal Srivastava
93155516083
From India, New Delhi
Mr Khaleel,
In principle termination done as per the rules of ID Act, as well observing the principles of natural justice is considered valid. But when case goes to the court, the matters are viewed from the different angles, also the constitutional rights. Staging strike without notice in a Public Utility company is a gross misconduct.Workmen involved in such illegal strike are deserved to be punished by the management.
The suspension or termination are the obvious action on workmen considering the gravity of misconduct. Here, we should not forget that the punishment should be as per the "Standing Orders". The termination of workmen can be called illegal, where workmen fall under " Protected " category". Now it is the time for management to exhibit its action deem fit for the purpose and strongly defend in court.
From India, Mumbai
In principle termination done as per the rules of ID Act, as well observing the principles of natural justice is considered valid. But when case goes to the court, the matters are viewed from the different angles, also the constitutional rights. Staging strike without notice in a Public Utility company is a gross misconduct.Workmen involved in such illegal strike are deserved to be punished by the management.
The suspension or termination are the obvious action on workmen considering the gravity of misconduct. Here, we should not forget that the punishment should be as per the "Standing Orders". The termination of workmen can be called illegal, where workmen fall under " Protected " category". Now it is the time for management to exhibit its action deem fit for the purpose and strongly defend in court.
From India, Mumbai
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