Sir,
i am working in a private company inwest bengal. I was assaulted by a group of workers who were all the union active members in our company. Now all are absconding as per police report. The incident was happend in front of police people only.They have made charge sheet and made all these people are absconding.But all these people are freely roaming in our company premises.
As a general manager we dont want to run the factory with this people and we have stopped the working of factory till these people are getting out by them itself. we are note ready to go for usual disciplinary action procedure which is a long process. My doubts are
1. whether we can terminate these police charge sheeted persons directly as per absconding report of FIR?
2. If we are issueing the show cause and getting reply and and coducting domestic enquiry, what are documents to be provided frm my side because the incident is done by a group of workers of 19 persons including all 4 unions existing in our company.
3. wheter we can terminate the workers by giving normal benefits and one months salary?
Kindly advice me my dear friends.
Krishna kumar
From India, Kolkata
i am working in a private company inwest bengal. I was assaulted by a group of workers who were all the union active members in our company. Now all are absconding as per police report. The incident was happend in front of police people only.They have made charge sheet and made all these people are absconding.But all these people are freely roaming in our company premises.
As a general manager we dont want to run the factory with this people and we have stopped the working of factory till these people are getting out by them itself. we are note ready to go for usual disciplinary action procedure which is a long process. My doubts are
1. whether we can terminate these police charge sheeted persons directly as per absconding report of FIR?
2. If we are issueing the show cause and getting reply and and coducting domestic enquiry, what are documents to be provided frm my side because the incident is done by a group of workers of 19 persons including all 4 unions existing in our company.
3. wheter we can terminate the workers by giving normal benefits and one months salary?
Kindly advice me my dear friends.
Krishna kumar
From India, Kolkata
Dear Krishna Kumar ji,
I am very sorry to know the incident of physical assault to you by group of people who belongs to your factory.
I understand that you are a General Manager of the Factory.
Your management should be very firm and as well fare in tackling this matter. You said that the persons who were involved in the assault are absconding as per police report but the fact the persons are freely roaming in your factory premises.
My question to you, how you are allowing them to enter in your factory premises? This means you do not have any law and order with you. It seems you and your management is not strict and serious about all this. Why you have not taken up this things with Police Authorities at different levels? Why you have not asked for police protection? If protection is asked for and not given or given not to your satisfaction, what you have done? Why you have not taken help of media if you are getting non co-operation from police? You need to answer to all those questions.
You have to choose the due course of law only for every thing including termination of employees. You should not take law in your hand. If necessary you need to declare lock out. Hire a legal consultant locally.
Wish you good luck. Other members are requested to comments.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
2555I am very sorry to know the incident of physical assault to you by group of people who belongs to your factory.
I understand that you are a General Manager of the Factory.
Your management should be very firm and as well fare in tackling this matter. You said that the persons who were involved in the assault are absconding as per police report but the fact the persons are freely roaming in your factory premises.
My question to you, how you are allowing them to enter in your factory premises? This means you do not have any law and order with you. It seems you and your management is not strict and serious about all this. Why you have not taken up this things with Police Authorities at different levels? Why you have not asked for police protection? If protection is asked for and not given or given not to your satisfaction, what you have done? Why you have not taken help of media if you are getting non co-operation from police? You need to answer to all those questions.
You have to choose the due course of law only for every thing including termination of employees. You should not take law in your hand. If necessary you need to declare lock out. Hire a legal consultant locally.
Wish you good luck. Other members are requested to comments.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
Thanks Mr. Keshav ji.
I think i have not told about the actions we have taken.First of all , I am telling my mistake in the information given to you that roaming in premises means roaming outside the factory gate.Now we have done the supension of work of our company.
Unions have approached the DLC to interfere in the issue and they tried their best to solve the issue.But we are in a stand that those people who were involved in this assualt incident should be get relieved without any conditions because we dont want to get long processes like domestic enquiry and all which are all long term and will not be supportive to the management( already we are facing two three cases like that).
We have approached all the high level police peoples and present ruling parties including chief minister.
One thing i want to inform you that this 7 peoples invilved in this murder/assault case are union body members and included in the 4 unions existing in our company. so all the unions are objecting our demand.
Now the supension of work is completing six months and floor level workers are ready to accept our demand but union leaders are not accepting.
What i want to know that, whether we can discharge this people with Termination /Discharge simpliciter and we can open our factory without waiting their acceptance? . what will be the legal problem in future?
Waiting for your comments sir,
Thanking you
krishna kumar
From India, Kolkata
I think i have not told about the actions we have taken.First of all , I am telling my mistake in the information given to you that roaming in premises means roaming outside the factory gate.Now we have done the supension of work of our company.
Unions have approached the DLC to interfere in the issue and they tried their best to solve the issue.But we are in a stand that those people who were involved in this assualt incident should be get relieved without any conditions because we dont want to get long processes like domestic enquiry and all which are all long term and will not be supportive to the management( already we are facing two three cases like that).
We have approached all the high level police peoples and present ruling parties including chief minister.
One thing i want to inform you that this 7 peoples invilved in this murder/assault case are union body members and included in the 4 unions existing in our company. so all the unions are objecting our demand.
Now the supension of work is completing six months and floor level workers are ready to accept our demand but union leaders are not accepting.
What i want to know that, whether we can discharge this people with Termination /Discharge simpliciter and we can open our factory without waiting their acceptance? . what will be the legal problem in future?
Waiting for your comments sir,
Thanking you
krishna kumar
From India, Kolkata
I feel you should take help of a competent criminal and labour law expert before initiating any action. Also you should have clear mandate of top management to deal this issue sternly. You might also need to mobilise some political and monetary support as this is India.....
Surely but if you/ your organisation, donot react firmly here, you are inviting many such troubles or threats for future.
From India, Delhi
Surely but if you/ your organisation, donot react firmly here, you are inviting many such troubles or threats for future.
From India, Delhi
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DISCIPLINARY ACTION.ppt
Record of disciplinary action.doc