Charge sheet
inderjeet
(Querist) 28 January 2016
This query is : Resolved
The Enquiry Officer deputed by management of private organisation wrote the report in their favour and management dismissed the employee. The charges levelled on employee were meaningless and some couseling and warning which were issued to employee long back about 15 years ago were also brought on record which at that time were cleared by the then Officers. Now I intend to file case before Labour Court for reinstate of my services on the ground that enquiry was not fair and grounds of dismissal is mere revengeful attitude of the management. My query is that can I apply to Labour Court directly. Secondly if I apply case before Labour Court and then do I have any option to approach High Court to suspend my termination/dismissal till matter is finalised in Labour Court. Please advice.
Devajyoti Barman
(Expert) 28 January 2016
The labour court has no jurisdiction in this matter. You will have to approach either CAT or High Court.
Guest
(Expert) 28 January 2016
There is no such term, like "suspension of termination/ dismissal." It seems you are not sure whether you were terminated or dismissed, when you write ""approach high court to suspend my termination/ dismissal.
Anyway, pelase clarify the following points:
1) What was your status at the time of termination or dismissal?
2) Also what proof do you have to prove that the charges were meaningless, inquiry not fair and the attitude of the management was revengeful?
Kumar Doab
(Expert) 28 January 2016
You have posted that:
"The charges levelled on employee were meaningless and some couseling and warning which were issued to employee long back about 15 years ago were also brought on record which at that time were cleared by the then Officers."
If the charges were cleared 15 years back and issues were trivial then termination/dismissal was unwarranted.
If you are covered by the def. of 'Workman' as in ID Act then you can approach Labor Court without conciliation also.
It shall be better if your employment and charges related documents are examined by an able counsel specializing in labor-service matters before you proceed on your own.
Rajendra K Goyal
(Expert) 29 January 2016
Have you appealed to appellate authority within time against the punishment?
Consult with local service law expert lawyer and show him all the documents. Discuss steps to be taken.
Adv. Yogen Kakade
(Expert) 29 January 2016
Mr doab has rightly answered.. but the query needs more description.
P. Venu
(Expert) 29 January 2016
Facts posted are incomplete.
inderjeet
(Querist) 29 January 2016
Experts I was in clerical job at the time of dismissal. The Enquiry Officer in his report mentioned mostly favouring points of management and ignored my points in the Enquiry Report. He also mentioned about counselling and warning which were cleared by the then officers 15 years back and were not included in charge sheet. My query is if I file case before the Labour Court and simultaneously can I also file appeal before High Court that my dismissal may be suspended till matter is pending in Labour Court.
Guest
(Expert) 29 January 2016
Mr. Inderjeet,
From your descriptions, your case does not sound to be true.
Moreover, you have not provided information as per my query and not revealed the nature of evidence in your favour in order to prove your contention.
Still further, you have not discussed about appeal, whether you made or not to the departmental appellate aauthority with the outcome, if any.
So, there is nothing in your description with reference to which someone can advise you about your intention to file case in labour court or HC.
inderjeet
(Querist) 30 January 2016
Dear Experts I was issued show cause notice to which I replied. Then I was issued dismissal orders. In the Enquiry Report which was enclosed with show cause notice the Enquiry Officer have not wrote my evidence and statement which I proved during cross examination alongwith evidences. The charge sheet was issued on one point and enquiry was carried upon some old issues of couselling and warning which were already cleared by the then officers which now where taken into account and have not concern with the present charge sheet. I have made no appeal to departmental after dismissal. Please advice and help as I am innocent person.
