Reimposing punishment

Querist : Anonymous (Querist) 26 April 2011 This query is : Resolved
Workman terminated after domestic enquiry

for misconduct.Termination withdrawn

unconditionally and workman joined duty.

Again terminated on the basis of earlier enquiry.

Is it valid?Is there any precedence?

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Advocate. Arunagiri (Expert) 26 April 2011
Please rectify your query.

The workman would have been suspended not terminated.

Department enquiry and its findings will not bind the Company management. The company management is having discretion to accept the DE report or reject the DE report.

Please see the order for rejoining the duty, it will say the final decision on the DE is pending. If that be so, the rejoining is only a interim relief. the employee can be terminated, based on the final decision of the DE report.

V.Harikrishnan (Expert) 28 April 2011
Dear Sir
I need to know the exact terms used in the order withdrawing the termination order before giving any views

Sarvesh Kumar Sharma Advocate (Expert) 28 April 2011
not valid!

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