after DOMESTIC ENQUIRY?

after the findings of the enquiry officer the management should give second show cause notice to the workman asking explanation for the findings and the proposed punishment.  after receiving explanation from the workman if the management satisfied with the explanation of the workman then the management can condone the charge or can impose the punishment.  After that the workman should file a 2A petition before the Conciliation Officer.  The Management has to file a counter statement for the said petition.  then the conciliation officer will cal the management and try to settle the matter.   If the management  willing to settle the dispute in the conciliation, they can settle.  on the other hand the management not willing to settle the dispute then the conciliation officer will issue Conciliation failure report.  

After that the workman should file a 2A(2) petition  (Claim Statement ) before the labour court with the Original copy of conciliation failure report.  in that claim statement if the workman alleged that the domestic enquiry was held with out following the natural justice.  then the management should file I.A for deciding the Preliminary issue.  if the labour court allows that I.A.  then the management has to file their enquiry proceedings and findings of the enquiry officer, documents marked by the management and the workman in the domestic enquiry.  after considering the arguments and documents filed by the both parties the Labour court will decide the matter.  If the Labour court finds that the domestic enquiry was held without following the natural justice then the management can file a Writ Petition before the High court.  but normally the High courts will not entertain that kind of Writ petition. 

For justifing your decision, you should prove that the domestice enquiry was held following the principles of natural justice.  like giving oppourtunity to cross examine the witneeses which produced by you in the enquiry, you should give the copy of basic records which was relied by you in the charge sheet  to the workman. the management should appoint the indepent enquiry officer and not by the persons belong to the management.  and one more thing each case vary from other case.  it should be judged by facts and circumstances of that case.  no universal formula can be applied.