The judgement in the case titled CMD, CIL Vs Mukul Kr Choudhary is peculiar to the facts of that case. It does not have an all weather application. It would be absolutely naive to assume that the judgement can be applied in each and every case. It will hold good in the cases of identical facts.In that particular case the charge on which the employee was dismissed from service was of unauthorized absence after submitting resignation, which was not accepted. The said employee in his defence pleaded that he had no intention of defying the order of the management to report back for duty, but his overwhelming personal problems stood on the way. The Apex Court in essence did did not deal with the issue of the right of the management to take disciplinary action against an employee who volunteers to quit his job, but with the issue of proportionality of punishment awarded in the case. It was of the view that the punishment of dismissal awarded to the employee was disproportionately high particularly when he him self wanted to quit the job.and possibly had justifiable reasons for his prolonged absence. Now think of a different case in which the fraud committed by an employee surfaces after he submits his resignation. Would it be prudent to let the employee go, particularly if the fraud involves substantial amount or damages the business image/ reputation of the organisation? It would be very comfortable for a fraudster to commit a serious fraud and the submit his resignation. The philosophy behind disciplining is to set an example so as to deter others from indulging in acts contrary to the discipline and accepted norms of conduct.In any case resignation has to be accepted by the employer . The employee / employer relationship does not come to an end merely on submission of resignation.If circumstances warrant, acceptance of resignation may be denied It is well with in the rights of an employer.In government service, resignation may not be accepted if disciplinary action is either initiated or is contemplated against an employee.A step ahead still; disciplinary action initiated while in service can continue even after superannuation.
From India, New Delhi
1From India, New Delhi
Ya this is what I had insisted earlier; I do agree strongly with Rajeev. Lessions need to be taught, examples needs to be set forth.
This is what we call Industrial Jurisprudence and it has nothing to do with a particular case or looking at a narrow scope of future of a particular defaulter. Thease instances should be delt with keeping in mind the larger interests of Industrial community and priciple of natural justice; of course we all are integral part of it.
From India, Mumbai
This is what we call Industrial Jurisprudence and it has nothing to do with a particular case or looking at a narrow scope of future of a particular defaulter. Thease instances should be delt with keeping in mind the larger interests of Industrial community and priciple of natural justice; of course we all are integral part of it.
From India, Mumbai
Dear Rajeev,
What holds the company to file a criminal case against the employee, if he is involved in any serious fraud? Moreover, in Government organizations also, as per Government Rules, on ocurence of any serious fraud a police report is lodged first and any other action is considered as secondary to that. Still further, there is a lot of difference between Government employment and employment in corporate sector. Government has a very structured & strong set of rules for each department, even then when there comes the matter of any fraud case, they don't take the risk to handle that internally and the same is reported immediately to the local police or the CBI for investigation and trial in the law court.
From India, Delhi
What holds the company to file a criminal case against the employee, if he is involved in any serious fraud? Moreover, in Government organizations also, as per Government Rules, on ocurence of any serious fraud a police report is lodged first and any other action is considered as secondary to that. Still further, there is a lot of difference between Government employment and employment in corporate sector. Government has a very structured & strong set of rules for each department, even then when there comes the matter of any fraud case, they don't take the risk to handle that internally and the same is reported immediately to the local police or the CBI for investigation and trial in the law court.
From India, Delhi
you can terminate his services for gross misconduct. reject his resignation letter as it has no other purpose than to defeat the cause of justice ie resolving the case of gross misconduct. the employer should rersolves the case of gross misconduct to avoid any future occurance that will disrupt the work place. write to him acknowledging receipt of his resignation and rejecting it and instead replacing it with a termination.
What is that you are expecting, He might have realized that he has done a mistake and difficult to continue hence resigned, if the loss is not high then better to relieve and close the issue. In case you want to terminate you need to issue charge sheet, organize domestic inquiry by giving him an ample opportunity to defend himself & basing on the inquiry report you need to terminate. Finally your management wants to throw him out. As I mentioned earlier if there is no that much of criticality better to relieve him.
Obtain the opinions of the employees indirectly and act accordingly. If you act against the employees opinion, they may feel that that the management is victimizing the employees so their confidence levels may come down and majority may move out.
Considering the above better to discuss with the senior management / Heads of the Departments and act.
From India, Hyderabad
Obtain the opinions of the employees indirectly and act accordingly. If you act against the employees opinion, they may feel that that the management is victimizing the employees so their confidence levels may come down and majority may move out.
Considering the above better to discuss with the senior management / Heads of the Departments and act.
From India, Hyderabad
If he is leaving you quite easily, what would be your gain in punishing him? That is another thing if your ego is satisfied by damaging career. Any disciplinry action would be unethical on your part if he has voluntarily resigned. You should also not forget that during notice period he can also withdraw his resignation notice, if on punishment he decides to take revenge from you and the company leading to more loss to the company.
From India, Delhi
From India, Delhi
Dear Arpita,
Well you cannot stop anyone from resigning from his/her position in the organization. However, it is a prerogative of the management whether to accept it or refuse to accept the resignation.
Whatever the decision of the management, it should be communicated to the concerned employee in writing.
While conveying the refusal, the employee can be told that some serious issues concerning him/her have come to light and an explanation can be sought from him/her.
Then appropriate action may be taken against the employee.
Please also appreciate that until and unless you share complete facts of the matter, it will not be possible to give you complete advice.
Vasant Nair
From India, Mumbai
Well you cannot stop anyone from resigning from his/her position in the organization. However, it is a prerogative of the management whether to accept it or refuse to accept the resignation.
Whatever the decision of the management, it should be communicated to the concerned employee in writing.
While conveying the refusal, the employee can be told that some serious issues concerning him/her have come to light and an explanation can be sought from him/her.
Then appropriate action may be taken against the employee.
Please also appreciate that until and unless you share complete facts of the matter, it will not be possible to give you complete advice.
Vasant Nair
From India, Mumbai
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20200320_Adviso ry MinistryOfLabou r-Not To Terminate-Emplo yeesOrReduceWag es.pdf