Rajanish Dass (Assistant) 08 January 2012

Will this be a case?

I have been charged with some serious allegations by my appointing authority (head of the organization) and was asked to put forth my response to a preliminary inquiry committee. I had requested the employer to provide me with relevant documents including a certified copy of the approved service manual so that I understand under which service law and by-law these allegations were levelled against me. However, it was never provided to me and there was an undue hurry to conclude the inquiry process and I have been harassed since then,

I had approached the Hon'ble High Court of Gujarat with a writ petition (under article 12) with limited prayers requesting for this document and that the principles of natural justice be followed.

During the hearing process, the learned Lawyer of the respondents handed over to my lawyer a copy of the service manual and the judge had kindly taken that into record and passed a suitable order stating that a copy of the relevant section of the approved service manual has been provided to me.

However, I have recently come to know that an employee had previously filed an RTI in 2008 and was told that there is no approved copy of the service manual, but there is only a working draft of the same. I also got it confirmed from my communications with the manager HR of our organization. On further investigation, I have come to the understanding that our organization does not have any approved service manual.

In that case, given the fact that the organization told lie in court, will this be a case of breach of trust?

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3 Replies

Kumar Doab (FIN) 10 January 2012

Limited understanding of the matter is that : the copy of the service manual was handed over by one lawyer to another lawyer and was not submitted to the court.

The manual as posted by you is not approved.

The service manual/employee handbook is approved by board.

“The handbook is prepared and circulated as a working document, the information therein becomes policies and guides to action for both the employees and employers.

“New staff after going through the process of recruitment and orientation is always handed over a copy of the employee handbook to guide him and expose him to all that is expected of him and his rights as an employee of the company. Also, any time the employee handbook is reviewed, the updated version is always circulated to both the existing and new staff alike to keep them abreast of the changes and additions.”

About Employment Strategies: About Employment Strategies: Minimum Wage, Union, : Bonus, · Personnel File.etc.

Rules and Regulations; Absenteeism, Complaints, Discrimination, Termination, Overtime etc.

Kindly go thru the following links:

https://blog.commlabindia.com/elearning/employee-handbook

https://www.articlesbase.com/human-resources-articles/what-is-an-employee-handbook-762781.html

Valuable advise of learned experts/members is sought.

Rajanish Dass (Assistant) 12 January 2012

Yes, I agree to what you have said. However, here are some points for your better understanding please:

a. Our organization does not have an approved manual. They work out of draft manual.

b. This manual is never shared with any employee of the organization.

c. This has been found out through an RTI in 2008 also confirmed by the HR head in Sep 2011.

d. However, while the prayer in the petition has been request to share the approved service manual, the repondent lawyer handed over to the petitioner's lawyer a photocopy of the draft manual

e. And his statement was taken in the records of the High Court, The director, jolly well knowing that the approved service manual does not exist, made this false statement in the court.

f. If necessary and sufficient documentary evidences are provided, can the employee union file a criminal case against the director for telling lies in the high court?

Please advise.

regards,