We are a corporate-based listed company with multiple divisions around the Maharashtra State. Workers are governed under Certified Standing Orders (hereinafter referred to as CSO) of the company. Accordingly, based on the provisions of the CSO, the management is initiating disciplinary actions against the wrongdoer. The said CSO was certified by the Labour Commissioner Mumbai in the year 1963.
At present, some domestic inquiries are in process, wherein the workers' representative has filed an application to provide a signed copy of the CSO. Last time, we tried to trace out the original signed CSO copy, but it was not available. We also inquired with the Labour Commissioner's office, where old records are also not available.
Meanwhile, the worker's representative filed an Interim Application before the Industrial Court for a stay on the inquiry proceedings until the CSO copy is provided for defense. The court did not allow the interim application for a stay on the inquiry but directed to provide a copy of the CSO to them. As per the directions, we have provided an unsigned xerox copy of the CSO. The worker has filed another application to provide a signed copy. Now, we plan to proceed further to complete the inquiry.
Under the circumstances, since we are unable to provide a signed copy of the CSO, will the inquiries be considered as perverse and illegal? What steps need to be taken to continue and complete the domestic inquiry in the absence of a signed copy of the CSO?
From India, Nashik
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5At present, some domestic inquiries are in process, wherein the workers' representative has filed an application to provide a signed copy of the CSO. Last time, we tried to trace out the original signed CSO copy, but it was not available. We also inquired with the Labour Commissioner's office, where old records are also not available.
Meanwhile, the worker's representative filed an Interim Application before the Industrial Court for a stay on the inquiry proceedings until the CSO copy is provided for defense. The court did not allow the interim application for a stay on the inquiry but directed to provide a copy of the CSO to them. As per the directions, we have provided an unsigned xerox copy of the CSO. The worker has filed another application to provide a signed copy. Now, we plan to proceed further to complete the inquiry.
Under the circumstances, since we are unable to provide a signed copy of the CSO, will the inquiries be considered as perverse and illegal? What steps need to be taken to continue and complete the domestic inquiry in the absence of a signed copy of the CSO?
From India, Nashik
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Dear Shaik Ijaj,
What transpired from your post is that your CSO is missing, and you want to initiate disciplinary actions with the workforce without a signed copy of the CSO. You should try to obtain a signed copy or consider going for re-certification. The model standing orders can be followed for the initiation of actions in the absence of a certified SO.
However, your organization has stirred up the issue with the workers without locating a CSO. It would be better to wait to find the CSO or have it certified. Alternatively, you can take the bold step of proceeding without it, similar to how many countries operate without a written constitution in cases of disciplinary exigencies.
Please let me know if you need any further assistance.
Kind regards,
[Your Name]
From India, Hyderabad
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What transpired from your post is that your CSO is missing, and you want to initiate disciplinary actions with the workforce without a signed copy of the CSO. You should try to obtain a signed copy or consider going for re-certification. The model standing orders can be followed for the initiation of actions in the absence of a certified SO.
However, your organization has stirred up the issue with the workers without locating a CSO. It would be better to wait to find the CSO or have it certified. Alternatively, you can take the bold step of proceeding without it, similar to how many countries operate without a written constitution in cases of disciplinary exigencies.
Please let me know if you need any further assistance.
Kind regards,
[Your Name]
From India, Hyderabad
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Dear Mr. Shaik,
You may follow the Model Standing Order as prescribed in Maharashtra and try to have it implemented in your company. The domestic enquiry will be considered valid if the provisions are followed as per the Model Standing Order. Your advice/action is awaited.
From India
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You may follow the Model Standing Order as prescribed in Maharashtra and try to have it implemented in your company. The domestic enquiry will be considered valid if the provisions are followed as per the Model Standing Order. Your advice/action is awaited.
From India
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Hi,
At the outset, it may be noted that no court grants a stay order against the disciplinary proceedings. It is true that your company has a certified standing order. The workmen are aware of this fact. Since you have an unsigned copy of the certified standing order, you may obtain the same duly certified and proceed with the disciplinary proceedings. Failing to do so, if the workmen approach the labor court when challenging the validity or otherwise of the domestic enquiry held by the management, the court may vitiate the enquiry. Even though you follow the model standing order, there are still chances of vitiating the enquiry because you already have a certified standing order.
Regards,
Lakshmanan
S G Management Services
Kolkata
From India, Kolkata
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At the outset, it may be noted that no court grants a stay order against the disciplinary proceedings. It is true that your company has a certified standing order. The workmen are aware of this fact. Since you have an unsigned copy of the certified standing order, you may obtain the same duly certified and proceed with the disciplinary proceedings. Failing to do so, if the workmen approach the labor court when challenging the validity or otherwise of the domestic enquiry held by the management, the court may vitiate the enquiry. Even though you follow the model standing order, there are still chances of vitiating the enquiry because you already have a certified standing order.
Regards,
Lakshmanan
S G Management Services
Kolkata
From India, Kolkata
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Dear colleague,
In my view, being unable to provide the original copy of the CSO will not, by itself, vitiate the enquiry proceedings. The MR should make a written submission before the Enquiry officer stating that the original CSO will be provided as and when found, and the enquiry should proceed with the available CSO copy. With the appropriate ruling to this effect by the EO, and the fact that the Court has not stayed the proceedings, the enquiry, if proceeded further, will not suffer any infirmity.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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In my view, being unable to provide the original copy of the CSO will not, by itself, vitiate the enquiry proceedings. The MR should make a written submission before the Enquiry officer stating that the original CSO will be provided as and when found, and the enquiry should proceed with the available CSO copy. With the appropriate ruling to this effect by the EO, and the fact that the Court has not stayed the proceedings, the enquiry, if proceeded further, will not suffer any infirmity.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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A copy of the CSO will be available with the Labour Department.Go for it .
From India, Chennai
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From India, Chennai
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You might have quoted in the charge sheet, misconduct under (...) clauses of Standing Orders of our Company. After the enquiry, if the workman is punished, the union may contest that the charges are null and void in court, stating that there is no CSO. Therefore, I feel it's better late than never to get the standing orders certified and then proceed.
From India, Mysore
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From India, Mysore
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Dear friend,
Firstly, when your office determines that there is a prima facie violation of duty or service by the employee, proceed with the inquiry without hesitation and do not dwell on the absence of the CSO.
Secondly, the CSO will likely be accessible through the labor office, which may possess historical records that include the CSO due to past practices of maintaining such documents. As you are aware of the timeframe, locating the CSO should not be a time-consuming task. Additionally, consider checking old inquiry files where the CSO might be preserved under different names in the Personnel files.
In the past, inquiries were managed by the personnel department; however, the current practice involves various departments such as the legal cell, the inquiry office, and the establishment section.
Thirdly, ensure that the inquiry is conducted in compliance with the established norms to avoid any potential violations, thereby validating the process.
Lastly, do not tolerate any tactics aimed at delaying the proceedings or any arbitrary actions, as such actions could prove to be costly in the long term.
Best of luck...
From India, Arcot
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Firstly, when your office determines that there is a prima facie violation of duty or service by the employee, proceed with the inquiry without hesitation and do not dwell on the absence of the CSO.
Secondly, the CSO will likely be accessible through the labor office, which may possess historical records that include the CSO due to past practices of maintaining such documents. As you are aware of the timeframe, locating the CSO should not be a time-consuming task. Additionally, consider checking old inquiry files where the CSO might be preserved under different names in the Personnel files.
In the past, inquiries were managed by the personnel department; however, the current practice involves various departments such as the legal cell, the inquiry office, and the establishment section.
Thirdly, ensure that the inquiry is conducted in compliance with the established norms to avoid any potential violations, thereby validating the process.
Lastly, do not tolerate any tactics aimed at delaying the proceedings or any arbitrary actions, as such actions could prove to be costly in the long term.
Best of luck...
From India, Arcot
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Dear All, If standing order made as per the Draft Standing order, and passed by the competent authority, you can take action any employee at any time as per the standing order.
From India, Delhi
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From India, Delhi
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Yes, you have a ticklish issue. The Union probably knows that you do not have any original certified copy of the Standing Orders and is trying to exploit that situation. But you may have the reference of the certification like date, the proceeding no. etc. Based on that, you may apply to the office of the Certifying Authority for getting a certified copy of it. If you are not getting it from there, apply under RTI and let them state that a certified copy is unavailable. In law, a presumption arises that all Governmental work is done as per rules, and it is for the party alleging it to prove it otherwise (Evidence Act). So if you are able to produce some evidence that the Standing orders were certified vide reference no. and date, the validity of it can be presumed, and the burden of proving its illegality would get shifted to the opposite party.
From India, Mumbai
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From India, Mumbai
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DISCIPLINARY ACTIONS PROCEDURE.xls
Company Profile.ppt