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praveen (psr)     27 May 2016

can workman be forced accept punishment order

Please clarify can workman be confined, forced manhandled To accept punishment order By disciplinary authority by get sign on line I Accept . Please give legal advice as case is on argument after three days and citation if possible i will be obliged.


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 5 Replies

C H MAHADEVAN (Executive Director(Retd))     28 May 2016

No workman can be forced physically to accept the punishment order as such force will constitute criminal assault.If the workman refuses  to receive the order served on him in person,it can be sent by the disciplnary  authority by Registered post Ack.due and also by email with copy by ordinary post.If the workman does not respond within the time  llimit stipulated,the disciplinary authority can proceed as per the punishment order.

As far as the workman is concerned,refusal to receive an official order from the disciplinary authority  will constitute misconduct attracting disciplinary action under staff regulations of the organisation.

This is my personal view.

C H Mahadevan

C H MAHADEVAN (Executive Director(Retd))     28 May 2016

Sorry .Please read,"the workman cannot be  forced".........

C H Mahadevan

Sudhir Kumar, Advocate (Advocate)     28 May 2016

give facts of the case do nto set question paper.

Ritesh Maity (Labour Law Advocate)     28 May 2016

No workman/ employee/managerial staff (anyone actually) can be forced in anyway to accept punishment order. It is his right to challenge such order before the appropriate authority if he wants to do so.

Kumar Doab (FIN)     01 August 2016

The answer is ;NO and nothing else.

The management can gently ask to acknowledge the reciept OR send by Redg. Post.

The mentioned act is nothing but goondagardi.

 

 


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