Reimposing withdrawn termination
Querist :
Anonymous
(Querist) 11 December 2011
This query is : Resolved
An employee was terminated after domestic enquiry.After few days, for Industrial Relation reason the termination was withdrawn unconditionally and employee was reinstated and he joined duty.The employee was again terminated on the basis of earlier enquiry under the plea that withdrawal of termination does not amount to it's cancellation.Is the action valid and tenable?
Raj Kumar Makkad
(Expert) 11 December 2011
The action of the management is not tenable before law. Withdrawal of earlier action of termination amounts to withdrawal of all charges and until and unless fresh changes are not levelled and proved after complying with the provisions of natural justice, no further action can be initiated against the employee on the earlier report which includes charges already condoned.
Guest
(Expert) 11 December 2011
Punishment can be given twice on the same charge. Moreover, when the previous punishment is withdrawn that is tantamount to withdrawal of charge. So, action of the management is quite illegal.
mahendrakumar
(Expert) 11 December 2011
even though the action of the management is not valid and tenable,it is not safe to continue with them,if it is a private concern,as they are likely to make problem with newer allegations.
prabhakar singh
(Expert) 11 December 2011
I agree with Mr.Mahendra kumar,if it is any private concern,better say good buy 2 them.
Raj Kumar Makkad
(Expert) 11 December 2011
Even if it is private concern, one has to get relieving and experience certificate along-with pending dues which requires in the next employment therefore it is necessary to settle the dispute.
