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
From India, Coimbatore
There is no time limit for concluding a domestic enquiry.However supreme court in one of its rulings mentioned as a guideline that in normal course a domestic enquiry should be concluded within 6 months. Still it depends various factors .In any case six months time frame reasonably sufficient to conclude an enquiry .
Panchsen
P.Senthilkumar
From India, Chennai
49Panchsen
P.Senthilkumar
From India, Chennai
Dear colleague,
Your query appears to be the time gap between the issue of suspension pending enquiry order and the first date of enquiry.
These matters come within the preview of the Model Standing Orders if the Act is applicable or Service Rules of the company.
However, no time frame is prescribed about your query under MSO. But since the time limit for completing the enquiry is prescribed as three months under the MSO , it goes without saying that the time gap concerned in your query has to be not too long.
But the Supreme court has ruled six months period for completing enquiry as pointed out by the
learned colleague.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Your query appears to be the time gap between the issue of suspension pending enquiry order and the first date of enquiry.
These matters come within the preview of the Model Standing Orders if the Act is applicable or Service Rules of the company.
However, no time frame is prescribed about your query under MSO. But since the time limit for completing the enquiry is prescribed as three months under the MSO , it goes without saying that the time gap concerned in your query has to be not too long.
But the Supreme court has ruled six months period for completing enquiry as pointed out by the
learned colleague.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
Speedy completion of any domestic enquiry depends upon the cooperation of delinquent employee/co-worker, Management Representative, Presiding Officer and the Enquiry Officer.
As per SC, the domestic enquiry proceedings have to be completed within six months time frame.
From India, Aizawl
As per SC, the domestic enquiry proceedings have to be completed within six months time frame.
From India, Aizawl
Management terminated workman after 5 years of conducting Inquiry in between the workman was not suspended even. Is the termination justified? Also the workman was neither given any salary nor any interim relief for the last 5 years on the plea 'No Work No Pay' Kindly guide.
From India, Kanpur
From India, Kanpur
Dear VG
You need to narrate the incidents month, year-wise. Try to elaborate your query to have a better understanding to our senior learned members to enable them to give you the best possible remedy.
From India, Aizawl
You need to narrate the incidents month, year-wise. Try to elaborate your query to have a better understanding to our senior learned members to enable them to give you the best possible remedy.
From India, Aizawl
Enquiry conducted in April 2015, Enquiry proceedings were recd. in the same month declaring enquiry closed and asking for comments from the workman that why action should not be taken against him for not joining the transferred location and insubordination matter. The concerned workman sent 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 of the adjudication dispute that the court has not given any direction do as to give relief , the management have the reference of the court order(Lower Court) dismissed the employee. Since the ADJ dispute is in High Court, company does not have any certified standing orders the Applicant has also filed a dispute under violation of model standing orders the company has terminated. Since standing orders case, adjudication reference case in high court, several 33C(2) cases in labour court is termination justified that too with out any payment of wages or notice pay which was returned. State Government also filed labour laws denial cases. Please enlighten how to overcome.
From India, Kanpur
From India, Kanpur
Dear Kanpur Feedback ,
Please furnish the following details to enable us to assess the case and give appropriate answer
Whether the workman was suspended pending an enquiry , if so since when he was suspended .
Narrate the charges of misconducts alleged against the workman
In the absence of certified standing being under litigation, under what legislation or rules & regulations you have proceeded with against the workman
Please furnish the chronology of events/proceedings taking place between the month of April 2015 ( enquiry) and November 2019 ( reference of case for adjudication)
Did not the worker claim any subsistence allowance/salary during this period?
Details of the cases pending adjudication in Labour Court/High Court with dates specific .
Whether the workman was kept away from work because he had refused to go and accept the assignment at transferred location?
On hearing from you we will answer your query .
Panchsen
P.Senthilkumar
9884009193
From India, Chennai
Please furnish the following details to enable us to assess the case and give appropriate answer
Whether the workman was suspended pending an enquiry , if so since when he was suspended .
Narrate the charges of misconducts alleged against the workman
In the absence of certified standing being under litigation, under what legislation or rules & regulations you have proceeded with against the workman
Please furnish the chronology of events/proceedings taking place between the month of April 2015 ( enquiry) and November 2019 ( reference of case for adjudication)
Did not the worker claim any subsistence allowance/salary during this period?
Details of the cases pending adjudication in Labour Court/High Court with dates specific .
Whether the workman was kept away from work because he had refused to go and accept the assignment at transferred location?
On hearing from you we will answer 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