Leading evidence by workman
P.ESAKKIMUTHU
(Querist) 10 November 2015
This query is : Resolved
In a case of alleged misconduct of absence from duty from a particular date, the daily rated workman was terminated without any enquiry. In the Labour Court no evidence was let in on the side of workman as it is an admitted fact of termination for absence without any enquiry . The Labour Court among other things held that non examination of workman in the witness box is not correct and hence dismiss the case against the workman. I am gong to file a writ in the High Court.Before that i want to know from experts that is it necessary to examine the workman as witness for his termination without enquiry.Is it the findings of the Labour Court correct that non examination of witness is incorrect to prove his case of termination
K.S.Srinivas
(Expert) 13 November 2015
Domestic Enquiry should have been conducted before termination.
Dr J C Vashista
(Expert) 13 November 2015
Is the workman "daily rated", "ad-hoc", "temporary" "seasonal", "quasi-permanent" or ...........?
What type of job the "workman" assigned i.e., how do you justify that the employee is covered under the definition of a "workman"...?
How much service (continous) has been rendered by the said "workman"...?
Whether the employer is a properietor, private limited, limited, PSU, Government department or..........?
Rajendra K Goyal
(Expert) 14 November 2015
Author need to reply questions from expert Dr J C Vashista.
P.ESAKKIMUTHU
(Querist) 14 November 2015
The workman is a daily rated workman covered under the definition of workman under 2 S of ID Act.He has rendered more than 2 years continuous service as per Sec 25 B of ID Act.The employer is state PSU of Tamilnadu
Dr J C Vashista
(Expert) 15 November 2015
1. Daily rated workman is not covered under the provisions of section 2S of The ID Act.
2. A workman completing more than 288 days continous service is a permanent, even if not confirmed.
3. For the sake of argument if the service of workman is terminated (retrenchment u/s 2oo ID ACT), the workman has to challange the action of management before Labour Commissioner through a local prudent lawyer (if the workman can afford) otherwise approach local union leaders.
4. Departmental enquiry (DE)followed by charge-sheet and recommendation of IO for consideration/award of punishment by Departmental Action Committee is being conducted for the employees not covered under the provisions of ID Act.
