Workmen dismissed for regd. fir against employer

Judge is involved for what? How do you think that the judge was biased, when he accpted the cancellation of FIR against you?

dear praveen,

                                after reading your case it is quite clear that you have been tortured by management.you did not mentioned that you work in private sector or government or semi government.anyway, dont worry about the enquiry and its findings since these all can be challenged in the courts of law when you file complaint ULP in the concern labour court or service law tribunal.in most of the enquiries enquiry officers and from the side of management only which can be challenged while trial.

                             hence i would like to advise you to approach labour court as soon as possible and ask your lawyer to raise issue on fairness of the enquiry as an preliminary issue under reference IDA.

all the best,

RAJ

Dear Sir,

Thank You For replying to my concern. May be I have not explained you properly.

Sir,

I was chargesheeted twice, 

In 1st Chargesheet charge against me was an FIR in which I was named, during enquiry proceeding this FIR got cancelled by police and by CJM, but company private glaxosmithkline, held me guilty.and punished me for giving punishment letter they called me office to accept the punishment letter, I refused to sign the letter, they threaten me to terminate, to which I signed letter with comment "signing this letter under pressure and objection" . Management asked me to cut the line, when I refused they manhandled me, I could inform my family and they send police calling at 100 no and PCR rescued me and register complaint against management VP and higher official and arrested them. 

Company chargesheet me again and dismissed me. I am fighting this case in Lab Court.

It is pertinent to mention here that VP who chargesheeted me and appointed inquiry officer and dismissed me is same against whom FIR is registered.

So, My question is whether this VP (disciplinary authority against whom I have made police complaint can chargesheet me and decide me case. ( Law of Natural Justice). case is now fixed for argument.

I hope i could now explain my case

Need your help to prepare argument.

2n charge was that i have filled false fir against managers and VP

yes this is agianst the principles of natural justice but you will have to raise this issue in labour court.as you have mentioned that the case is now for judgement then we will have to look at the entire brief as around 98% of the trial is over. we will have to look what is the Labour court's order regarding fairness of enquiry?if the matter is Reference IDA and which is the first phase of the trial.

The major part of the case is with fairness of the enquiry and it is upon the lawyer to deal with this in a good manner.if the inquiry itself is vitiated then you have a case. you can post me your brief so that i can help you in arguments. 

Hi Praveen,

What was the alleged misconduct mentioned against you on the 1st charge sheet ? it can be help you to get prepeare for represent before Labour court.

i was leader ie president of medical representative association and we were protesting against the mass dismissal of MR from a company. That company involved leaders in false FIR with understanding with police . In one such FIR i was named in non bail able FIR. coincidently i was with my manager outside the town meeting with Principal and proffesers of collage at the time mentioned in fir, proving this in police investigation FIR got cancelled but company in domestic inquiry, in spite of providing police cancellation report in inquiry proceedings company held me guilty. after receiving findings fortunately accepted cancellation report and i faxed the court copies, after that I was called to office at delhi . I went to office with hope that every thing will be fine, but at office they put punishment letter in front of me, I showed them that court has accepted the cancellation of FIR for which I was chargesheeted. They arrogantly said that we don't accept these orders and you are guilty. I asked them to let me talk to advocate but they did not allowed me not even go to toilet. When they saw I  am not accepting their letter in which it was mention I ACCEPT they threaten me to send me termination letter in fear i wrote on the letter tthat I am signing this letters under pressure and with objection. to which they manhandled me to cut the line. In the mean time i got call from my parents and could tell my position, and my brother call police at 100 and pcr rescued me and register the FIR against the mangers who were appointing and disciplinary authority they were aressted and are on bail. 

Sir,

The same managers against whom FIR was registered one Disciplinary authority issued me second chargesheet with the charge that I registered false FIR against him and other he deputed inquiry officer in same letter . I did not joined inquiry as venue was same where I was man handled. I asked for change but it was declined. In findings i was held guilty of registering was FIR wheras this FIR is still pending in the court.

I filed case with lab court and and now it is fixed for argument.

Also it is pertinent to inform you in case of 1st Chargesheet i went to TRIBUNAL but tribunal did not accepted my case as 2k , my AR had hand shake with company judge dismissed my case not on merit but with technical point. I went to HIGH court with same fate, after that my friend advocate took me to lab court against dismissal starting from 1st chrge sheet. 

this very brief of my case request me help for argument.

The FIR filed against you was cancelled in police inquiry and cancellation as accepted by CJM.

The VP against whom FIR was lodged was the Disciplinary Authority and decided the punishment to you.

On the face of it (what is posted by you)  you have merits.

What was charge in both charge sheets?

Who is representing you: Your IC,Medical Reps Union, Trade Union, Lawyer, or you are PIP.

Are you yourself a union Leader?

Were you charged of an dual employment/business, violent conduct etc....?

Have faith in your counsel.

Instead of being preturbed, utilize the time for adding to your qualification and firm up other ventures.

It is on of the possibilities that if you win and are reinstated you might be transferred.

Look into various cases of M/s GSK and you will have enough hints. 

in court i am now represented by lawyer

In 1st chargesheet I was charged with FIR on me which was even cancelled. 

In 2nd chargesheet I was charged that I have register false FIR against managers who man handled me. This FIR is on manger who charge-sheeted me and dismissed me.

PLEASE SHOW LIGHT ON-

1. WHETHER DISCIPLINARY AUTHORITY IS JUST AS JUDGE IN COURT.

2. WHETHER INQURY OFFICER IS AS JUDGE IN COURT.

3. WHETHER DISCIPLINARY AUTHOURTY PASS JUDGE MENT AGAINST WORKMAN. IN CASE IN WHICH WORKMAN HAS FILE POLICE COMPLAINT AGAINST SAME DISCIPLINARY AUTHORITY.

4. IF OBOVE IS NOT TRUE PLEASE GIVE ME SOME EXAMPLE CASE TO SUBSTANTIATE MY CASE.

You have been advised well that you have grounds to challange dismissal.

workman was forced to sign on I accept punishment letter by disciplinary authority with two witnesses

workman refused for which he was dismissed 

what is remedy

this happened with me and I have lodged police complaint and raised dispute in labour court. please guide me

You have already been guided well as per extracts posted by you.

You have a lawyer also to represent you.

Hope you have obtained the copy of FIR, inquiry report etc..................

Your lawyer may present the facts before court effectively.