Navaneetha Krishnan (Junior lawyer) 08 February 2012

No work no pay- suggestion required

We had a problem wherein 6 employees of the workers union whr not working properly and they use to complete only 25% of thr work and therefore we stopped and paid proposanate salary to 4 persons as per rule no work no pay by supreme court and 2 person where transfered to another location with salary hike, but they did not join. All 6 of them stopped coming to office.

After stopping the salary we have sent them a letter for explanation and we have also issued show cause, framed charge sheet but we have not conducted any enquiry and we have not terminated them.

Now they have approched the court for remedy. Please suggest

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darshana sawant (associate consultant) 08 February 2012

dear madam,

Actually you should have resorted to deduction after issuing a show cause notice. So the court may declare such unilateral deduction to be illegal. However all is not lost. You can still the opportunity of a greater punishment to the employees after completion of enquiry.

You have not terminated them, but the chargesheet is already issued, so start the enquiry , send enquiry notice nothwitstanding that they have gone to court. In the court, put in your appearance and mention to the court that you have not terminated them and file the communication which co has sent to the employees. After the completion of enquiry, send them copy of findings and depending on gravity and past record you can proceed with the punishment.