regrding domestic inquiry
Guest
(Querist) 23 February 2011
This query is : Resolved
Wewant your advise on matter /point of delay in conducting domesticinquiry. The scenario is as under:-
1. Theworkers of our factory went on sit in strikefrom 04.04.2007 to 12.04.2007 ( exactly before 3years and 10 months).
2. On13.04.2007, we have asked striking workers to give undertaking to managementand resume on duty.
3. Thereaftermany times we have appealed workers to withdraw and resume strike but no one isturned back.
4. Afterpassing of 17 months, on 8 Dec 2008, management have issued charge sheetsto all workers through RPAD/UPC.
5. Allposts returned back to management with various remarks of postmaster like
Addressee is not traceable, refused to accept etc &management have filed the same.
6. Nowthe matter is on board Vide no IDA/05/2007,on stage to lead and record evidences. In 1st date we haveproduced in court, evidences of, muster roll, notice displayed,return mails, etc.
7. Furtherin our claim of statement we have prayed to court that,
That it be declared cessation of work incombination and concert and under the common understanding resorted to by asection of workman of the first shift on 4th April 2007and continued by section of employees in general, second and third shifts andwhose names are set out inAnnexture- A, on 4th April 2007 andthereafter continued on day to day till withdrawn is illegal and unjustifiedstrike.
That it be further declared that theworkmen whose names are set out in the list of Annexture A are not entitled toany wages or benefits on and with effect from 4th April 2007 andthereafter for each day til the illegal strike is withdraw.
For direction or mandatory orderdirecting the workman list in Annexture A, be unconditionally and unequivocallywithdraw the illegal strike execute undertaking in terms set out in noticedated 12th April 2007 and to resume full normal duties.
Cost be granted.
Any other and further relief as thishonorable court may deem fit and proper.
We apprehend that court can give speakingorder to management to take on duty to striking employees at any stage andexamine the intention of both parties. For this management is not prepared toface the music.
In view of above mentioned you arerequested to advise on the issue.
a) Is it advisable and legal to conduct theinquiry after about 4 years of misconduct ?
b) Could it be legal if after conducting ofinquiry if workers are dismissed and Challenge the dismissal orders?
c) Whether we should again issue of chargesheet to the worker as earlier send in Dec 2008 or frame new one adding thecharges of illegal absent from duty from 3years and 10 months?.
d) Whether the inquiry initiated after suchlong period would consider it legal and proper ?
Thanking you in advance for the time and your valuableadvice.
Regards
Ahmed Daud Girach
(Expert) 24 February 2011
During 4/4/2007 to 12/4/2007 employee resorted to strike.And under IDA/05/2007 matter is on Board.Strike per se is not illegal unless it is in violation of sec.23.When conciliation process started and what were real issues?.Why employee resorted to strike?were there any negotiations which failed?You are silent about it.You want to establish there was cessation of work amounting to strike in your claim statement.But nothing about why that strike was illegal.Without making out a case you can not establish illegal strike.
You can not change service condition of employee pending dispute vide sec.33.
Ofcourse issuing chargesheet is not change of condition but inflicting punishment is.You should take permission of authority before whom matter is pending before issuing punishment.
