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rahul (LAW OFFICER)     23 May 2016

Disciplinary matters

IF AN EMPLOYEE GOT CONVICTED BY COURT OF LAW IN CRIMINAL CHARGES AGAINST STATE NOT THE EMPLOYER, WHAT AN EMPLOYER SHOULD DO AFTER COMPLETION OF IMPRISONMENT PERIOD OF EMPLOYEE? WHETHER SUSPENSION OF EMPLOYEE SHOULD BE WITHDRAWN? HOW THE SUSPENSION WILL BE REGULARIZED, PLEASE GUIDE ME. WITH REGARDS,


Learning

 5 Replies

darshana sawant (associate consultant)     23 May 2016

Dear Rahul,

 

What was his crime ?  Is he service the sentence right now?  You have to take action for absenteeism .  Is your co. private or public and do you wish to continue him in employement or terminate his services ?

Kumar Doab (FIN)     23 May 2016

Has he been acquitted by court?

For your ref; you may go thru:

Punjab-Haryana High Court
Hukam Singh vs State Of Haryana And Another
 
https://indiankanoon.org/doc/589892/
 

Ritesh Maity (Labour Law Advocate)     23 May 2016

If an employee who is convicted under criminal law by a court, after completion of his imprisonment is entitled to get his job back unless he was terminated due to some misconduct which is also a result of such criminal case. If that is NOT the case, then the employee will be entitled to his old job. However, the employer can put break in service during the period of his absence due to imprisonment. 

 

In your case, since the company suspended him during the time of his imprisonment, then the company is liable to withdraw the suspension as soon as he is out of prison and allow him to join duties immediately. 

Sudhir Kumar, Advocate (Advocate)     24 May 2016

Not able to agree or disagree with above views. Relevant facts are not there.

 

is govt the employer?

Kumar Doab (FIN)     25 May 2016

The querist has not responded.

 


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