Regularisation of service
VISHNU
(Querist) 28 April 2012
This query is : Resolved
Brief : Mr X joined Govt. service in 1.10.87. Due to some reason the court set aside the selection based on Advt. 1/86 and therefore he was removed from service on 15.01.1992. The court ordered that Mr X will not fill up new form and may apply again on fresh advt. So Mr X again got selected on old Advt no. 1/86 and joined the same company on 08.02.92.
When Mr. X was in service i.e 15.1.1991, he installed a electrical equipment on a pole in agriculture field but due to spark in pole the crop of same field burnt and he along with the other employees was made liable for negligence and company imposed a penalty of R 5000/- but the same amount was deducted from him when he again joined the company after 08.2.92.
QUERY:
1. When service of Mr X prior to 15.01.92 was not counted/regularised by company then whether the company can deduct the penalty imposed upon him? Whereas the employee had already made a representation that when he was treated as same employee Mr X who joined on 1.10.87 then his services is most liable to be regularised along with all PREVIOUS dues to him since his initial recuritment. The company has neither considered his representation and nor replied. The company follows Punjab civil services rules.
2. Whether the act of company to deduct penalty in the way & conditions of service as narrated above is fair and as per service rules. Can the service of Mr X prior to 15.01.92 be regularised by company if there is any judgment of any court.
Sudhir Kumar, Advocate
(Expert) 28 April 2012
Your questions
1. When service of Mr X prior to 15.01.92 was not counted/regularised by company then whether the company can deduct the penalty imposed upon him? Whereas the employee had already made a representation that when he was treated as same employee Mr X who joined on 1.10.87 then his services is most liable to be regularised along with all PREVIOUS dues to him since his initial recruitment. The company has neither considered his representation and nor replied. The company follows Punjab civil services rules.
Ans : He was the same employee and at that time was in service rightly or wrongly and liable to disciplinary jurisdiction.
2. Whether the act of company to deduct penalty in the way & conditions of service as narrated above is fair and as per service rules. Can the service of Mr X prior to 15.01.92 be regularised by company if there is any judgment of any court.
Ans : Nothing to do with regularisation. Please see the disciplinary rules if this penalty is one of the listed penalties, If yes, then if ordered ordered by competenat authori, If yes whether procedure is followed.
