A workmen of a psu was terninated from his sevices due to remaining absent fron his work,under the provisions contained in the standing orders of the company an appeal against the order or termination was presented to the appeleate authority.
The appeleate authority had not responded in accordence to the standing orders of the compay which says that appeal shall be disposed within some specific period.the appeal was in limitations.An ID over the issue of wrongful termination of sevices was raised before the Hon'ble ALCwho is insisting that the issue canot be proceeded further till the disposal of the appeal ay concerned authority.needless to state that we cannot forc the authority to dispose the aappeal.kindlu sugges remadies
From India, Mumbai
The appeleate authority had not responded in accordence to the standing orders of the compay which says that appeal shall be disposed within some specific period.the appeal was in limitations.An ID over the issue of wrongful termination of sevices was raised before the Hon'ble ALCwho is insisting that the issue canot be proceeded further till the disposal of the appeal ay concerned authority.needless to state that we cannot forc the authority to dispose the aappeal.kindlu sugges remadies
From India, Mumbai
387Dear Kamlesh,
I am a trained inquiring authority since the year 1980 and still working, after my retirement, as Inquiring Authority and Defence counsel for the executives of even GM level in the PSUs and other organisations.
Please clarify the following points before some remedy is suggested:
1) What was the period of absence from duty?
2) The SPS (worker) is of which rank?
3) The Disciplinary Authority was of which rank?
4) The Appellate Authority is of which rank?
5) Whether any show cause notice was served to the employee?
6) Whether the employee reported for duty after show cause notice or not?
7) Whether a charge sheet was served and regular inquiry conducted before termination of service of the worker?
8 ) Whether the worker joined duty before serving of charge sheet to him or not?
9) What is the total period for which the appeal is pending before the appellate authority?
10) Date from which the Standing Orders are effective?
On receipt of the aforesaid information I may suggest some foolproof remedy for getting thye case expedited.
If possible you may intimate the name of the organisation either through this forum or privately through email given below.
P S Dhingra
Vigilance & Management Consultant
Dhingra Consultancy Group
New Delhi
From India, Delhi
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RS - Amendment in Inter State Migrant Workmen Act 1979 - (1.12.2010).pdf