Sub-second showcause notice
The hon'ble Supreme Court in Ramzan khan's case held that the delinquent employee be heard about the enquiry report and findings on the basis of which the disciplinary authority proposes to impose penalty on him since no action which adversely affects an employee shall not be taken behind his back according to the principles of natural justice.Therefore it became incumbent on the employers to issue second showcause notice to the delinquent employee before imposing any penalty on the basis of enquiry findings. Even though this judgement was delivered in connection with Art.311 which is applicable to civil services, having regrd to the spirit of the judgement, the industry both in public sector and private sector have also followed this condition. However, the standing orders or rules of private inductry do not contain such stipulation requiring service of second showcause notice on the employee and therefore the Courts have made this requiremet less rigid by holding in some cases that failure to issue second showcause notice will not vitiate enquiry unless the delinquent employee shows that such omission has caused prejudice to his defence.
however , by way of abundant caution, it is advisable to issue a showcause notice as it may become a contentious issue subsequently before the courts where the employer is called up on to defend his failure or omission once the employee discharges his burden of proving as to how it caused prejudice to his defence.
B.saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt.Ltd.
Mumbai.
From India, Mumbai
54The hon'ble Supreme Court in Ramzan khan's case held that the delinquent employee be heard about the enquiry report and findings on the basis of which the disciplinary authority proposes to impose penalty on him since no action which adversely affects an employee shall not be taken behind his back according to the principles of natural justice.Therefore it became incumbent on the employers to issue second showcause notice to the delinquent employee before imposing any penalty on the basis of enquiry findings. Even though this judgement was delivered in connection with Art.311 which is applicable to civil services, having regrd to the spirit of the judgement, the industry both in public sector and private sector have also followed this condition. However, the standing orders or rules of private inductry do not contain such stipulation requiring service of second showcause notice on the employee and therefore the Courts have made this requiremet less rigid by holding in some cases that failure to issue second showcause notice will not vitiate enquiry unless the delinquent employee shows that such omission has caused prejudice to his defence.
however , by way of abundant caution, it is advisable to issue a showcause notice as it may become a contentious issue subsequently before the courts where the employer is called up on to defend his failure or omission once the employee discharges his burden of proving as to how it caused prejudice to his defence.
B.saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt.Ltd.
Mumbai.
From India, Mumbai
Dear Colleagues/friends,
My company is a principle employers to few vendors, however, we also sign up agreement with various clients to do business with them....ours is a car rental company.
We have entered into an agreement with X Hotel to provide 30 drivers and cars. The cars and the drivers are parked in the hotel to provide the necessary service agreed upon to the client, however, in no place it is agreed the client will pay the salary or monitor the attendance of the drivers, we have our own staff in the hotel premises who manage our cars and drivers, since this being the case is it necessary for the hotel to provide us form V to obtain a license to run the business.
From India, Thana
My company is a principle employers to few vendors, however, we also sign up agreement with various clients to do business with them....ours is a car rental company.
We have entered into an agreement with X Hotel to provide 30 drivers and cars. The cars and the drivers are parked in the hotel to provide the necessary service agreed upon to the client, however, in no place it is agreed the client will pay the salary or monitor the attendance of the drivers, we have our own staff in the hotel premises who manage our cars and drivers, since this being the case is it necessary for the hotel to provide us form V to obtain a license to run the business.
From India, Thana
Dear Prabhu,
Good question..!
Once the drivers covered under your firm, there is no need of Form V under CLRA.
If you proceed further and taking license under CLRA act then, the Motor Vehicle act comes into picture.
Keep them under your rolls and be sure all statutory documents are followed.
This is one critical issue where we outsource our commercial tranportion.
Ramana, Coke.
From India
Good question..!
Once the drivers covered under your firm, there is no need of Form V under CLRA.
If you proceed further and taking license under CLRA act then, the Motor Vehicle act comes into picture.
Keep them under your rolls and be sure all statutory documents are followed.
This is one critical issue where we outsource our commercial tranportion.
Ramana, Coke.
From India
Dear Prince
I concur with Mr.Ramana Murthy. In this case your establishment and the Hotel are two different establishments and it is not the business of the hotel to carry on transport service also. Henc e the hotel is not the principal employer and you are not the contractor and therefore there is no need for you to take the license and nor for the hotel to register u/CLRA.
B.Saikumar
HR & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
I concur with Mr.Ramana Murthy. In this case your establishment and the Hotel are two different establishments and it is not the business of the hotel to carry on transport service also. Henc e the hotel is not the principal employer and you are not the contractor and therefore there is no need for you to take the license and nor for the hotel to register u/CLRA.
B.Saikumar
HR & Labour Law Advisor
Mumbai
09930532927
From India, Mumbai
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