Dear All,
I am working in Pvt ltd company. My company management misused workers PF money which they had deducted from workers salary. I raised that issue and due to that F.I.R. was filed. Now the management targeted me and suspended me in November 2014. Now the Enquiry is over and in whole enquiry management failed to prove the charges which leveled against me. But, even they failed to do so still, Enquiry officer is giving his judgement against me. In his reports he showed that I found guilty for the charges.
Now is there any steps which I can take against the Enquiry officer for his unfair Enquiry conduct.?? is there any steps due which I can dragged that Enquiry officer in Court for his unfair Enquiry report??
Please advice me as I am totally disturbed due to this reason.
Thanks
Mangesh N.
From India, Mumbai
I am working in Pvt ltd company. My company management misused workers PF money which they had deducted from workers salary. I raised that issue and due to that F.I.R. was filed. Now the management targeted me and suspended me in November 2014. Now the Enquiry is over and in whole enquiry management failed to prove the charges which leveled against me. But, even they failed to do so still, Enquiry officer is giving his judgement against me. In his reports he showed that I found guilty for the charges.
Now is there any steps which I can take against the Enquiry officer for his unfair Enquiry conduct.?? is there any steps due which I can dragged that Enquiry officer in Court for his unfair Enquiry report??
Please advice me as I am totally disturbed due to this reason.
Thanks
Mangesh N.
From India, Mumbai
Dear Mangesh,
In the first place, you should not forget the fact that the Enquiry Officer is appointed by the Management. If he is an outsider, he is paid for the assignment by the Management; if he is another employee of the Company, the choice of his appointment so is that of the Management. So the degree of his nutrality and sense of justice in either case are always at stake for obvious reasons. The more tilting towards the Management's favour in matters of conducting the enquiry and findings of the Enquiry Officer, the more the gravity of the charges levelled and the less the chances of them getting proved. So no qualms about the enquiry at this stage for the simple reason that it can be struck down as viscious in appeal against the final punishment.
From India, Salem
6018In the first place, you should not forget the fact that the Enquiry Officer is appointed by the Management. If he is an outsider, he is paid for the assignment by the Management; if he is another employee of the Company, the choice of his appointment so is that of the Management. So the degree of his nutrality and sense of justice in either case are always at stake for obvious reasons. The more tilting towards the Management's favour in matters of conducting the enquiry and findings of the Enquiry Officer, the more the gravity of the charges levelled and the less the chances of them getting proved. So no qualms about the enquiry at this stage for the simple reason that it can be struck down as viscious in appeal against the final punishment.
From India, Salem
I am not an expert on this.
However, from what I know, the domestic enquiry is supposed to be neutral. While neutrality is not generally possible, taking a stand contrary to evidence makes the enquiry null and void. You can challenge this before in Labour court. If what you have written is correct, the judgement will be in your favour. You can give the details of the case and complaint filed by you as evidence in the court to show that you are being victimised.
The court in such cases, will reinstate you with back wages and in some cases may even impose punishment by way of a fine on the management. I think, the enquiry officer may also faced structures in the court or a penalty.
I would like other senior members to give their opinion on this matter.
From India, Mumbai
However, from what I know, the domestic enquiry is supposed to be neutral. While neutrality is not generally possible, taking a stand contrary to evidence makes the enquiry null and void. You can challenge this before in Labour court. If what you have written is correct, the judgement will be in your favour. You can give the details of the case and complaint filed by you as evidence in the court to show that you are being victimised.
The court in such cases, will reinstate you with back wages and in some cases may even impose punishment by way of a fine on the management. I think, the enquiry officer may also faced structures in the court or a penalty.
I would like other senior members to give their opinion on this matter.
From India, Mumbai
I agree with the views expressed by Saswata .Just because the enquiry officer is managements' appointee you should not take things lying down especially when you have raised a serious issue of management not complying with PF related law.However once the court gives judgement in your favour it shall be curtains for you , atleast with this employer.Because they shall ease you out on some other excuse.
From India, New Delhi
From India, New Delhi
There is provision to register a case under "Industrial Ind. Act,1947" - check chapter v - unfair labour practice. Also take assistance of Labour Law Practitioner or Trade Union Leaders. In any case it is time consuming process. Hence, while pursuing the case, you must find a job to withstand living odds.
From India, Nellore
From India, Nellore
The details are not clear.were you chargesheeted for raising PF related issue or some othermatter connected withMisconduct pl talk to soime one on mobile
From India, Chennai
From India, Chennai
Hi,
Before offering an advice on the issue I would like you to throw light on the following:
a. What is your designation in the organisation as per the order and in practice; and
b. What was the specific charge/ act of misconduct levelled against you in the chargesheet; and
c. whether you were afforded to defend your case during the course of enquiry and allowed the help of a co-worker as defence assistant; and
d.whether a copy of the enquiry report has been provided to you by the management?
S.K.Johri
From India, Delhi
Before offering an advice on the issue I would like you to throw light on the following:
a. What is your designation in the organisation as per the order and in practice; and
b. What was the specific charge/ act of misconduct levelled against you in the chargesheet; and
c. whether you were afforded to defend your case during the course of enquiry and allowed the help of a co-worker as defence assistant; and
d.whether a copy of the enquiry report has been provided to you by the management?
S.K.Johri
From India, Delhi
Dear All,
Thanks a lot for your valuable suggestions...
I have already filed case in Labour court regarding the victimization.
Miss saswata I think your suggestion is satisfactory.
But rest all of you thanks for posting your views.
Thanks to all of you.
thanks
Mangesh N
From India, Mumbai
Thanks a lot for your valuable suggestions...
I have already filed case in Labour court regarding the victimization.
Miss saswata I think your suggestion is satisfactory.
But rest all of you thanks for posting your views.
Thanks to all of you.
thanks
Mangesh N
From India, Mumbai
as you posted information in respect of your management how they are misusing worker pf. In this condition, you don't need to worry. you firstly report to pf complaint dept & same copy has to be given labour dept. Management can't do anything against of you. if you are sincere & don't involve in this corruption.Beside of it, you inform all other legal dept. because they come for inspection. if company is not involve in other illegal activity.
Hi,
The enquiry officer who have been placed by the management will act as favour to the management to prove the charge levied against you by the management. This is common in every industry and this is an unwritten law.Don't worry get the enquiry officer report find the points how he tilted and acts in favour to management file your statement against enquiry officer, after recived the notice and final order passed by the management you can file under I.D Act in Lo.
Weather your company is governed by standing order?
What is your roll in your company?
What is the relation between you and your company?
Have you been placed in suspension while enquiry?
Have you been paid suspension allowance?
In which state your company placed? can you give details
From India, Coimbatore
The enquiry officer who have been placed by the management will act as favour to the management to prove the charge levied against you by the management. This is common in every industry and this is an unwritten law.Don't worry get the enquiry officer report find the points how he tilted and acts in favour to management file your statement against enquiry officer, after recived the notice and final order passed by the management you can file under I.D Act in Lo.
Weather your company is governed by standing order?
What is your roll in your company?
What is the relation between you and your company?
Have you been placed in suspension while enquiry?
Have you been paid suspension allowance?
In which state your company placed? can you give details
From India, Coimbatore
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