What relief is an employee entitled to when a domestic enquiry for alleged misconduct has not been conducted even after the lapse of four years? The employee was paid 50% of wages towards subsistence allowance for the first three months after suspension, although an enquiry officer was appointed, no enquiry was conducted, and no final order has been passed so far. The suspended employee challenged the situation in the labour court, and it is still pending. His nature of work was administrative. Can he claim relief as a workman?
N L BABU
From India, Guntur
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17N L BABU
From India, Guntur
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Dear NL Babu,
What is the nature of your industry? Do you work in a government organization, PSU, or private organization? Before approaching the labor court, did you consult the Labor Officer (LO)? If yes, what was his recommendation?
It is unfortunate that your organization did not complete the domestic inquiry even after four years, and the case has not come up for a hearing. This is a double whammy for you. However, speak with your lawyer to determine if a fresh plea can be submitted to the court. At this stage, since the matter is sub judice, we, the members of this forum, cannot provide specific advice.
Thanks,
Dinesh Divekar
From India, Bangalore
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What is the nature of your industry? Do you work in a government organization, PSU, or private organization? Before approaching the labor court, did you consult the Labor Officer (LO)? If yes, what was his recommendation?
It is unfortunate that your organization did not complete the domestic inquiry even after four years, and the case has not come up for a hearing. This is a double whammy for you. However, speak with your lawyer to determine if a fresh plea can be submitted to the court. At this stage, since the matter is sub judice, we, the members of this forum, cannot provide specific advice.
Thanks,
Dinesh Divekar
From India, Bangalore
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Sir, Ours is a teaching hospital attached to a private medical college. What relief the suspended employee entitled? Please let me know N L BABU
From India, Guntur
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From India, Guntur
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Dear colleague,
You should have written a letter to the company during the period of suspension pending inquiry or immediately upon completion of the suspension period, stating that you should be allowed to join duty, the suspension be revoked, and the charge sheet be withdrawn since no inquiry was conducted. You should have compelled yourself to join duty apart from invoking legal action. The fact that four years have passed without an inquiry being held shows that the charges are false. It is difficult to understand how the case has dragged on for such a prolonged period without any relief in your favor. There should be some interim order, and you should follow up with your lawyer for a faster outcome.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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You should have written a letter to the company during the period of suspension pending inquiry or immediately upon completion of the suspension period, stating that you should be allowed to join duty, the suspension be revoked, and the charge sheet be withdrawn since no inquiry was conducted. You should have compelled yourself to join duty apart from invoking legal action. The fact that four years have passed without an inquiry being held shows that the charges are false. It is difficult to understand how the case has dragged on for such a prolonged period without any relief in your favor. There should be some interim order, and you should follow up with your lawyer for a faster outcome.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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