Dear Sir,
I am working in a private company in West Bengal. I was assaulted by a group of workers who were all active members of the union in our company. Now, all of them are absconding as per the police report. The incident happened in front of police personnel. They have prepared a charge sheet, but these individuals are still freely roaming on our company premises.
As a general manager, we do not wish to operate the factory with these individuals, so we have halted factory operations until they leave voluntarily. We are unwilling to pursue the usual disciplinary procedures, as they are time-consuming. I have some questions:
1. Can we terminate these individuals directly based on the police charge sheet and their absconding status according to the FIR?
2. If we issue show cause notices, receive replies, and conduct a domestic inquiry, what documents should I provide from my side, considering the incident involved a group of 19 workers from all four unions in our company?
3. Is it possible to terminate these workers by providing regular benefits and one month's salary?
I would appreciate your advice on this matter.
Kind regards,
Krishna Kumar
From India, Kolkata
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I am working in a private company in West Bengal. I was assaulted by a group of workers who were all active members of the union in our company. Now, all of them are absconding as per the police report. The incident happened in front of police personnel. They have prepared a charge sheet, but these individuals are still freely roaming on our company premises.
As a general manager, we do not wish to operate the factory with these individuals, so we have halted factory operations until they leave voluntarily. We are unwilling to pursue the usual disciplinary procedures, as they are time-consuming. I have some questions:
1. Can we terminate these individuals directly based on the police charge sheet and their absconding status according to the FIR?
2. If we issue show cause notices, receive replies, and conduct a domestic inquiry, what documents should I provide from my side, considering the incident involved a group of 19 workers from all four unions in our company?
3. Is it possible to terminate these workers by providing regular benefits and one month's salary?
I would appreciate your advice on this matter.
Kind regards,
Krishna Kumar
From India, Kolkata
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Dear Krishna Kumar ji,
I am very sorry to hear about the incident of physical assault on you by a group of people who belong to your factory.
I understand that you are the General Manager of the Factory.
Your management should be firm and fair in addressing this matter. You mentioned that the individuals involved in the assault are absconding according to the police report, but in reality, these individuals are freely roaming on your factory premises.
My question to you is, how are you allowing them to enter your factory premises? This indicates a lack of law and order within your establishment. It appears that you and your management are not handling this situation with the necessary seriousness. Why have you not taken this matter up with the Police Authorities at various levels? Have you requested police protection? If protection was requested but not provided satisfactorily, what actions have you taken? Why have you not sought assistance from the media if you are facing non-cooperation from the police? You need to address these questions.
You must adhere to the proper legal procedures for all matters, including the termination of employees. It is crucial not to take matters into your own hands. If needed, consider declaring a lockout. Additionally, consider hiring a local legal consultant.
Wishing you good luck. Other members are encouraged to share their comments.
Thanks and regards.
Keshav Korgaonkar
[Shantadurgaent.com](http://www.shantadurgaent.com): Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI registration, NOC from
From India, Mumbai
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2636I am very sorry to hear about the incident of physical assault on you by a group of people who belong to your factory.
I understand that you are the General Manager of the Factory.
Your management should be firm and fair in addressing this matter. You mentioned that the individuals involved in the assault are absconding according to the police report, but in reality, these individuals are freely roaming on your factory premises.
My question to you is, how are you allowing them to enter your factory premises? This indicates a lack of law and order within your establishment. It appears that you and your management are not handling this situation with the necessary seriousness. Why have you not taken this matter up with the Police Authorities at various levels? Have you requested police protection? If protection was requested but not provided satisfactorily, what actions have you taken? Why have you not sought assistance from the media if you are facing non-cooperation from the police? You need to address these questions.
You must adhere to the proper legal procedures for all matters, including the termination of employees. It is crucial not to take matters into your own hands. If needed, consider declaring a lockout. Additionally, consider hiring a local legal consultant.
Wishing you good luck. Other members are encouraged to share their comments.
Thanks and regards.
Keshav Korgaonkar
[Shantadurgaent.com](http://www.shantadurgaent.com): Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI registration, NOC from
From India, Mumbai
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Dear Mr. Keshav Ji,
I think I have not informed you about the actions we have taken. First of all, I need to address my mistake in the information provided to you; when I mentioned "roaming in premises," it actually meant roaming outside the factory gate. Currently, we have suspended the operations of our company.
The unions have approached the DLC to intervene in the issue, and they have made efforts to resolve the matter. However, we stand firm in our belief that those involved in the assault incident should be relieved without any conditions. We aim to avoid lengthy processes like domestic inquiries, as we are already dealing with two to three similar cases.
We have sought assistance from high-ranking police officials and representatives from the ruling parties, including the Chief Minister.
I must highlight that the seven individuals involved in this murder/assault case are members of union bodies and are affiliated with the four unions within our company. Consequently, all the unions are opposing our stance.
As the work suspension approaches six months, the floor-level workers are willing to accept our demands, but the union leaders are not in agreement.
I seek clarification on whether we have the option to terminate or discharge these individuals straightforwardly and reopen our factory without waiting for their approval. What potential legal issues might arise from this course of action?
I eagerly await your feedback.
Thank you,
Krishna Kumar
From India, Kolkata
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I think I have not informed you about the actions we have taken. First of all, I need to address my mistake in the information provided to you; when I mentioned "roaming in premises," it actually meant roaming outside the factory gate. Currently, we have suspended the operations of our company.
The unions have approached the DLC to intervene in the issue, and they have made efforts to resolve the matter. However, we stand firm in our belief that those involved in the assault incident should be relieved without any conditions. We aim to avoid lengthy processes like domestic inquiries, as we are already dealing with two to three similar cases.
We have sought assistance from high-ranking police officials and representatives from the ruling parties, including the Chief Minister.
I must highlight that the seven individuals involved in this murder/assault case are members of union bodies and are affiliated with the four unions within our company. Consequently, all the unions are opposing our stance.
As the work suspension approaches six months, the floor-level workers are willing to accept our demands, but the union leaders are not in agreement.
I seek clarification on whether we have the option to terminate or discharge these individuals straightforwardly and reopen our factory without waiting for their approval. What potential legal issues might arise from this course of action?
I eagerly await your feedback.
Thank you,
Krishna Kumar
From India, Kolkata
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I feel you should seek the help of a competent criminal and labor law expert before initiating any action. Also, you should have a clear mandate from top management to deal with this issue firmly. You might also need to mobilize some political and monetary support, as this is India.
Surely, if you or your organization do not react firmly here, you are inviting many such troubles or threats for the future.
From India, Delhi
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Surely, if you or your organization do not react firmly here, you are inviting many such troubles or threats for the future.
From India, Delhi
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc