Dear Sir’s Kindly tell me the time frame limit for conducting initial domestic enquiry from the date of issuing the suspension proceedings pending inquiry letter.
From India, Coimbatore
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From India, Coimbatore
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There is no time limit for concluding a domestic enquiry. However, the Supreme Court, in one of its rulings, mentioned as a guideline that in the normal course, a domestic enquiry should be concluded within 6 months. Still, it depends on various factors. In any case, a six-month timeframe is reasonably sufficient to conclude an enquiry.
Panchsen
P. Senthilkumar
From India, Chennai
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56Panchsen
P. Senthilkumar
From India, Chennai
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Time frame of domestic enquiry is limited by standing orders Act.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear colleague,
Your query pertains to the time gap between the issuance of a suspension pending inquiry order and the first date of the inquiry. These matters fall under the purview of the Model Standing Orders if the Act is applicable or the Service Rules of the company. However, no specific time frame is prescribed regarding your query under MSO. Since the time limit for completing the inquiry is set at three months under the MSO, it is implied that the time gap in question should not be excessively long.
It is noteworthy that the Supreme Court has ruled a six-month period for completing the inquiry, as highlighted by the learned colleague.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Your query pertains to the time gap between the issuance of a suspension pending inquiry order and the first date of the inquiry. These matters fall under the purview of the Model Standing Orders if the Act is applicable or the Service Rules of the company. However, no specific time frame is prescribed regarding your query under MSO. Since the time limit for completing the inquiry is set at three months under the MSO, it is implied that the time gap in question should not be excessively long.
It is noteworthy that the Supreme Court has ruled a six-month period for completing the inquiry, as highlighted by the learned colleague.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Speedy completion of any domestic enquiry depends upon the cooperation of the delinquent employee/co-worker, Management Representative, Presiding Officer, and the Enquiry Officer.
As per the Supreme Court, the domestic enquiry proceedings have to be completed within a six-month time frame.
From India, Aizawl
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As per the Supreme Court, the domestic enquiry proceedings have to be completed within a six-month time frame.
From India, Aizawl
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Management terminated the workman after 5 years of conducting an inquiry. In between, the workman was not suspended. Is the termination justified? Additionally, the workman was neither given any salary nor any interim relief for the last 5 years on the plea of 'No Work No Pay.' Kindly guide.
From India, Kanpur
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From India, Kanpur
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Dear VG,
You need to narrate the incidents month and year-wise. Try to elaborate on your query to provide a better understanding for our senior learned members, enabling them to offer you the best possible remedy.
From India, Aizawl
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You need to narrate the incidents month and year-wise. Try to elaborate on your query to provide a better understanding for our senior learned members, enabling them to offer you the best possible remedy.
From India, Aizawl
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Enquiry conducted in April 2015. Enquiry proceedings were received in the same month, declaring the enquiry closed and asking for comments from the workman as to why action should not be taken against him for not joining the transferred location and insubordination matter. The concerned workman sent a protest letter with a request to withdraw the allegations/malafied charges of insubordination. The company neither paid any interim relief nor any salary during or after the enquiry.
In November 2019, giving reference to the adjudication dispute where the court did not provide any direction for relief, the management, with the reference of the court order (Lower Court), dismissed the employee. Since the ADJ dispute is in the High Court, the company does not have any certified standing orders. The Applicant has also filed a dispute under violation of model standing orders, and the company has terminated the employee. With the standing orders case, adjudication reference case in the high court, and several 33C(2) cases in the labor court, is termination justified, especially without any payment of wages or notice pay which was returned?
The State Government also filed labor law denial cases. Please enlighten on how to overcome these challenges.
From India, Kanpur
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In November 2019, giving reference to the adjudication dispute where the court did not provide any direction for relief, the management, with the reference of the court order (Lower Court), dismissed the employee. Since the ADJ dispute is in the High Court, the company does not have any certified standing orders. The Applicant has also filed a dispute under violation of model standing orders, and the company has terminated the employee. With the standing orders case, adjudication reference case in the high court, and several 33C(2) cases in the labor court, is termination justified, especially without any payment of wages or notice pay which was returned?
The State Government also filed labor law denial cases. Please enlighten on how to overcome these challenges.
From India, Kanpur
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Dear Kanpur Feedback,
Please furnish the following details to enable us to assess the case and provide an appropriate answer:
- Whether the workman was suspended pending an enquiry, and if so, since when he was suspended.
- Narrate the charges of misconduct alleged against the workman.
- In the absence of certified standing being under litigation, under what legislation or rules and regulations have you proceeded against the workman?
- Please provide the chronology of events/proceedings taking place between the month of April 2015 (enquiry) and November 2019 (reference of the case for adjudication).
- Did the worker claim any subsistence allowance/salary during this period?
- Details of the cases pending adjudication in the Labour Court/High Court with specific dates.
- Whether the workman was kept away from work because he had refused to go and accept the assignment at the transferred location?
Upon hearing from you, we will address your query.
Panchsen
P. Senthilkumar
9884009193
From India, Chennai
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Please furnish the following details to enable us to assess the case and provide an appropriate answer:
- Whether the workman was suspended pending an enquiry, and if so, since when he was suspended.
- Narrate the charges of misconduct alleged against the workman.
- In the absence of certified standing being under litigation, under what legislation or rules and regulations have you proceeded against the workman?
- Please provide the chronology of events/proceedings taking place between the month of April 2015 (enquiry) and November 2019 (reference of the case for adjudication).
- Did the worker claim any subsistence allowance/salary during this period?
- Details of the cases pending adjudication in the Labour Court/High Court with specific dates.
- Whether the workman was kept away from work because he had refused to go and accept the assignment at the transferred location?
Upon hearing from you, we will address your query.
Panchsen
P. Senthilkumar
9884009193
From India, Chennai
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Haryana-Extensi on Of Time Limit To Deposit Labour Welfare Fund In The State Of Haryana (1).pdf