Dear Sir. Want to know the procedure need to be adopted by employer for disciplinary action against workman under industrial dispute act.
If right procedure not adopted before terminating a workman what is the entitlement of victimised employee before employer ?
Regards..
Govind.
From India, Mumbai
2If right procedure not adopted before terminating a workman what is the entitlement of victimised employee before employer ?
Regards..
Govind.
From India, Mumbai
Dear Govinda,
It is not clear to me whether your question relates to the punishment of termination following a procedurally defective disciplinary process OR to the defective procedures in the process before final orders.
In the former case, you can raise an industrial dispute u/s 2-A(1) of the ID Act,1947 before the Conciliation Officer for the area against the employer for reinstatement with back-wages and all attendant benefits. In the event of conciliation failure, you can approach the Labour Court for the same relief u/s 2-A(2) of the Act.
However, in the latter, the employee has to await the final orders of the disciplinary proceedings.
From India, Salem
It is not clear to me whether your question relates to the punishment of termination following a procedurally defective disciplinary process OR to the defective procedures in the process before final orders.
In the former case, you can raise an industrial dispute u/s 2-A(1) of the ID Act,1947 before the Conciliation Officer for the area against the employer for reinstatement with back-wages and all attendant benefits. In the event of conciliation failure, you can approach the Labour Court for the same relief u/s 2-A(2) of the Act.
However, in the latter, the employee has to await the final orders of the disciplinary proceedings.
From India, Salem
Respected Sir,Thanks from bottom of heart to give your valuable input in such difficult phase of time.
My case belongs to first one where employer already served ttermination letter.First they give a show cause notice,I replied to them within seven days .After my reply they serve me termination letter on discepleanery ground after two month three days no communication in between.However till notice served they have kept me under suspension & give full salary.
1.May I know what is the correct procedure to terminate under discepleanery ground ?
2.If the procedure is found wrong but they don't interested to take me back then what will be the compansation they have to pay ?
From India, Mumbai
My case belongs to first one where employer already served ttermination letter.First they give a show cause notice,I replied to them within seven days .After my reply they serve me termination letter on discepleanery ground after two month three days no communication in between.However till notice served they have kept me under suspension & give full salary.
1.May I know what is the correct procedure to terminate under discepleanery ground ?
2.If the procedure is found wrong but they don't interested to take me back then what will be the compansation they have to pay ?
From India, Mumbai
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Termination-emp loyment_563.pdf
Termination letter.doc