Dear Sir,
We want your advise on matter /point of delay in conducting domestic inquiry. The scenario is as under:-
1. The workers of our factory went on sit in strike from 04.04.2007 to 12.04.2007 ( exactly before 3years and 10 months). On 13.04.2007, we have asked striking workers to give undertaking to management and resume on duty. Thereafter many times we have appealed workers to withdraw and resume strike but no one is turned back.
4. After passing of 17 months, on 8 Dec 2008, management have issued charge sheets to all workers through RPAD/UPC.
5. All posts returned back to management with various remarks of postmaster like
Addressee is not traceable, refused to accept etc & management have filed the same.
6. Now the matter is on board Vide no IDA/05/2007, on stage to lead and record evidences. In 1st date we have produced in court, evidences of, muster roll, notice displayed, return mails, etc.
7. Further in our claim of statement we have prayed to court that,
That it be declared cessation of work in combination and concert and under the common understanding resorted to by a section of workman of the first shift on 4th April 2007 and continued by section of employees in general, second and third shifts and whose names are set out in Annexture- A, on 4th April 2007 and thereafter continued on day to day till withdrawn is illegal and unjustified strike.
That it be further declared that the workmen whose names are set out in the list of Annexture A are not entitled to any wages or benefits on and with effect from 4th April 2007 and thereafter for each day til the illegal strike is withdraw.
For direction or mandatory order directing the workman list in Annexture A, be unconditionally and unequivocally withdraw the illegal strike execute undertaking in terms set out in notice dated 12th April 2007 and to resume full normal duties.
Cost be granted.
Any other and further relief as this honorable court may deem fit and proper.
We apprehend that court can give speaking order to management to take on duty to striking employees at any stage and examine the intention of both parties. For this management is not prepared to face the music.
In view of above mentioned you are requested to advise on the issue.
a) Is it advisable and legal to conduct the inquiry after about 4 years of misconduct ?
b) Could it be legal if after conducting of inquiry if workers are dismissed and Challenge the dismissal orders?
c) Whether we should again issue of charge sheet to the worker as earlier send in Dec 2008 or frame new one adding the charges of illegal absent from duty from 3years and 10 months?.
d) Whether the inquiry initiated after such long period would consider it legal and proper ?
Thanking you in advance for the time and your valuable advice.
Regards
Meman
