We have a clerk in our school. He has committed theft in our fee collection and has not deposited the money in the bank account. He has also provided us with an admission letter confessing to the theft. Now, he has filed a complaint under labor law to be reinstated at our school. Can the labor officer send a notice to the school, or will the education department handle this matter?
Kindly advise on the appropriate course of action.
From India, Gandhidham
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Kindly advise on the appropriate course of action.
From India, Gandhidham
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The notice sent by Labour Officer is not invalid. You need to defend yourself properly, so pl consult a Labour Law professional and act accordingly.
From India, Mumbai
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1656From India, Mumbai
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What is the content of the letter from the Labour officer?
Most probably, the complainant may not have told the full truth to the Labour officer. Collate all evidence about the theft - when, how much, how it was found, and related documents like deposit slips, passbooks, fee collection records, and also his acceptance of guilt letter. The locus standi of the Labour officer arises when a complaint is received from organizations in his jurisdiction. Keep a proper reply ready, vetted, and cross-checked by a local lawyer, and reply as directed in the notice.
From India, Pune
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Most probably, the complainant may not have told the full truth to the Labour officer. Collate all evidence about the theft - when, how much, how it was found, and related documents like deposit slips, passbooks, fee collection records, and also his acceptance of guilt letter. The locus standi of the Labour officer arises when a complaint is received from organizations in his jurisdiction. Keep a proper reply ready, vetted, and cross-checked by a local lawyer, and reply as directed in the notice.
From India, Pune
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Dear Bansi Parmar,
There is no mention of whether your school is a Govt-aided private school or otherwise. Whatever it may be, your school is an "industry," and the clerk employed therein is a "workman" under the provisions of the Industrial Disputes Act, 1947. As such, if any complaint regarding the employment or non-employment of any such workman is received, the Labor Officer is bound to make an inquiry into it, conduct conciliation proceedings, and bring about a settlement of the dispute or issue a certificate of failure of conciliation to the Government. In case of dismissal, the workman can directly go to the Labor Court on receipt of the certificate.
There is also no mention in your post of whether you terminated him orally or in writing. You ought to have issued a charge memo to him, obtained his reply in writing. If he has admitted the charge unconditionally, you can terminate his services by formal orders in writing. If not, you should have conducted a domestic enquiry giving him all reasonable opportunities. Based on the findings of the enquiry officer, you can terminate him.
Thank you.
From India, Salem
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There is no mention of whether your school is a Govt-aided private school or otherwise. Whatever it may be, your school is an "industry," and the clerk employed therein is a "workman" under the provisions of the Industrial Disputes Act, 1947. As such, if any complaint regarding the employment or non-employment of any such workman is received, the Labor Officer is bound to make an inquiry into it, conduct conciliation proceedings, and bring about a settlement of the dispute or issue a certificate of failure of conciliation to the Government. In case of dismissal, the workman can directly go to the Labor Court on receipt of the certificate.
There is also no mention in your post of whether you terminated him orally or in writing. You ought to have issued a charge memo to him, obtained his reply in writing. If he has admitted the charge unconditionally, you can terminate his services by formal orders in writing. If not, you should have conducted a domestic enquiry giving him all reasonable opportunities. Based on the findings of the enquiry officer, you can terminate him.
Thank you.
From India, Salem
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