Can a delinquent workman go to the labor court before any award is given by management in anticipation of an unfavorable decision while a domestic enquiry is proceeding but not yet completed? Is there any case or court decision similar to this situation? I suggested that they conduct and complete the domestic enquiry and issue an award based on the findings.
From India, undefined
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There is no direct case law for the situation you pointed out. However, the following citation can address your question:
In Spadigam v. State of Kerala reported in [1970-I L.L.J. 718], Mathew J., as he then was, dealt with this question elaborately and held as follows: "A Criminal Court acquitting an accused on the merits of a case would not bar disciplinary proceedings against him on the basis of the same facts."
The learned Judge, expressing his inability to agree with the Division Bench of this Court, observed as follows at para 7 of [1970-I L.L.J. 718]: "I do not think that the judgment of a Criminal Court acquitting an accused on the merits of a case would bar disciplinary proceedings against him on the basis of the same facts, or that the judgment would operate as conclusive evidence in the disciplinary proceedings. The reason for it is not far to seek. A Criminal Court requires a high standard of proof for convicting an accused. The case must be proved beyond reasonable doubt. The acquittal of an accused by a Criminal Court only means that the case has not been proved against him beyond reasonable doubt. Such a standard of proof is not required for finding a person guilty in a disciplinary proceeding. It would be enough if there is a preponderance of probability of his guilt."
From India, Madras
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In Spadigam v. State of Kerala reported in [1970-I L.L.J. 718], Mathew J., as he then was, dealt with this question elaborately and held as follows: "A Criminal Court acquitting an accused on the merits of a case would not bar disciplinary proceedings against him on the basis of the same facts."
The learned Judge, expressing his inability to agree with the Division Bench of this Court, observed as follows at para 7 of [1970-I L.L.J. 718]: "I do not think that the judgment of a Criminal Court acquitting an accused on the merits of a case would bar disciplinary proceedings against him on the basis of the same facts, or that the judgment would operate as conclusive evidence in the disciplinary proceedings. The reason for it is not far to seek. A Criminal Court requires a high standard of proof for convicting an accused. The case must be proved beyond reasonable doubt. The acquittal of an accused by a Criminal Court only means that the case has not been proved against him beyond reasonable doubt. Such a standard of proof is not required for finding a person guilty in a disciplinary proceeding. It would be enough if there is a preponderance of probability of his guilt."
From India, Madras
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Dear Mr. Singh
The workman is free to knock any door for relief and cannot be checked.
The labour court will issue a letter to the employer for an appearance or to submit views over the matter on receipt of complaint from the workman.
The employer has to intimate the labour court that ‘domestic enquiry’ in the matter is on, as per procedure laid down.
In my view the labour court cannot overrule the “domestic enquiry proceeding’ rather advice the workmen to wait till award is passed.
At the present juncture the management has to expedite the proceeding to finish within the time frame. The absence/non-appearance by the workman in domestic enquiry would stand against the delinquent workman.
In case labour court passed any order over the matter can be challenged in the High court and the management would be in a stable postion because the order of labour court is out of law.
From India, Mumbai
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The workman is free to knock any door for relief and cannot be checked.
The labour court will issue a letter to the employer for an appearance or to submit views over the matter on receipt of complaint from the workman.
The employer has to intimate the labour court that ‘domestic enquiry’ in the matter is on, as per procedure laid down.
In my view the labour court cannot overrule the “domestic enquiry proceeding’ rather advice the workmen to wait till award is passed.
At the present juncture the management has to expedite the proceeding to finish within the time frame. The absence/non-appearance by the workman in domestic enquiry would stand against the delinquent workman.
In case labour court passed any order over the matter can be challenged in the High court and the management would be in a stable postion because the order of labour court is out of law.
From India, Mumbai
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After completion of the inquiry, no decision is given, and hence not suspended, but neither management is taking back into employment nor paying any interim relief. How to overcome this situation? Still fighting as a WORKMAN in the labor court for the last 4 years.
Enquiry findings are as follows:
1- Breach of the terms and conditions of employment as stipulated in the appointment letter for absence from duty without prior permission/sanctioned leave/approval from your Reporting manager.
2- Willful insubordination and disobedience of lawful orders of superiors.
3- Commission of acts subversive of discipline or good behavior. As submitted by management on 19th May 2015. No further communication in this regard.
I seek valuable advice from the forum. C.B. case filed in the labor court on 29th Dec. '14 against an alleged transfer from Kanpur to Chennai.
From India, Kanpur
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Enquiry findings are as follows:
1- Breach of the terms and conditions of employment as stipulated in the appointment letter for absence from duty without prior permission/sanctioned leave/approval from your Reporting manager.
2- Willful insubordination and disobedience of lawful orders of superiors.
3- Commission of acts subversive of discipline or good behavior. As submitted by management on 19th May 2015. No further communication in this regard.
I seek valuable advice from the forum. C.B. case filed in the labor court on 29th Dec. '14 against an alleged transfer from Kanpur to Chennai.
From India, Kanpur
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Domestic enquiry procedures.doc
DOMESTIC ENQUIRY.ppt
Domestic Enquiry.pdf