Enquiry Report 557 - Legal Draft
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Enquiry Report
Report of the enquiry officer Dated :...............
Present....................
Between:
................................... Employer
...................................
And
Mr.........................
.................................... Employee
By Letter dated......... I was appointed as enquiry officer to conduct the enquiry on the charges levelled against Mr........................ in terms of notice of Enquiry dated ...............: Mr.................. is a workers employer in Messrs..................: By show cause notice (charge sheet) dated.....................he was charged as follows :
a. Participated in illegal and unjustified strike on................
b. Instigated and incited co-workers to participate in the illegal and unjustified strike on.............
c. Threatened the co-workers with dire consequences if they do not participate in the strike on..........................
The above acts and commissions would constitute as misconducts as defined under Orders No............. of the Government of Maharashtra Orders appended to the Bombay Industrial Employment (Standing Orders) Rules, 1959 the employee has refused to receive the copy the showcause notice cum enquiry notice-cum-suspension orders hence they were sent to the delinquent employee by Registered Post at his residential address Registered cover containing the show cause notice /charge sheet - cum - enquiry notice - cum - suspension orders was returned undelivered by the Postal Authorities. As such the same were published in, ....................Marathi daily dated: ...............The enquiry was first held at the factory office on............... at ........... p.m. But the delinquent employee did not attend the enquiry.
................................... Employer
...................................
And
Mr.........................
.................................... Employee
By Letter dated......... I was appointed as enquiry officer to conduct the enquiry on the charges levelled against Mr........................ in terms of notice of Enquiry dated ...............: Mr.................. is a workers employer in Messrs..................: By show cause notice (charge sheet) dated.....................he was charged as follows :
a. Participated in illegal and unjustified strike on................
b. Instigated and incited co-workers to participate in the illegal and unjustified strike on.............
c. Threatened the co-workers with dire consequences if they do not participate in the strike on..........................
The above acts and commissions would constitute as misconducts as defined under Orders No............. of the Government of Maharashtra Orders appended to the Bombay Industrial Employment (Standing Orders) Rules, 1959 the employee has refused to receive the copy the showcause notice cum enquiry notice-cum-suspension orders hence they were sent to the delinquent employee by Registered Post at his residential address Registered cover containing the show cause notice /charge sheet - cum - enquiry notice - cum - suspension orders was returned undelivered by the Postal Authorities. As such the same were published in, ....................Marathi daily dated: ...............The enquiry was first held at the factory office on............... at ........... p.m. But the delinquent employee did not attend the enquiry.
Hence on the request of Mr. ................. Managements Representatives, the enquiry was posted to ............. at ...............p.m. The delinquent employee did not attend the enquiry even on at ...........p.m. Hence the enquiry was conducted in his absence. Before commencement of the enquiry on................at ..............p.m. the management's representative, Mr ........................has filed the following records which were marked as exhibits 1.... 2..... 3.... 4..... 5.... 6.... 7.... and 8.... respectively :-
The delinquent employee did not attend the enquiry hence the enquiry was conducted in his absence.
Sri............................. Management's representative in his deposition has stated that Mr............... Shift-in-charge, Mr. ............................................ Shift-in-charge, Mr.................... Shift-in-charge, Sri....................... Helper and Mr. .................. Helper, in their letters dated ............ represented that Mr. ................... along with some other workers had met them personally on.................. and instigated them to participate in the strike on................ and also threatened them with dire consequences if they do not participate in the strike. He also stated that since the misconducts committed by the delinquent employee are of very serious nature, show cause notice (charge sheet) - cum- enquiry notice - cum- suspension orders were prepared and sent for service through the security in charge. But when the security in charge had asked Mr................ to take delivery of the show cause notice (charge sheet) cum-enquiry notice-cum suspension orders, he refused to take delivery of the same. Hence they were sent by Registered Post Acknowledgement Due on ............... But the Regd. cover was returned undelivered by the postal authorities. Hence the same was published in................. Marathi daily dated................ fixing date of enquiry on............... at ............ p.m.
Mr ......................C.W. I (Company witness No. 1) in his evidence has stated treat Mr..................... along with some other workers employed in the factory had visited his house in the early hours of.................. (i.e.) at ............. a.m. and instigated him to participate in the strike on ....20...... and also threatened him with dire consequences, if he do not participate in the strike on............................... He had reported the matter to the Vice President, through Plant Manager. C.W.2 (Managements Witness No.2) Sri ................... C.W.3 (Managements witness No. 3) Sri.................. C.W. 4 (Managements Witness No. 4) Sri................C.W. 6 (Managements Witness No. 6) Sri................ C.W. 7 (Managements Witness No. 7) Mr................. (Managements Witness No. 8) in their deposition have corroborated with the statement given by Sri.................C.W. I (Managements Witness No. 1) Mr................ C.W. 5 (Management Witness No. 5) in his evidence had stated that Mr. .................... C.W. 1 Mr........................................ C.W. 2. Mr ......................................... C.W. 3, Mr................................ C.W. 4 Mr........................... C.W.5 Mr............... C.W.6 and Mr..................... C.W. 7 had reported to him both orally and in writing stating that they instigated him to participate in the strike on.......... and also threatened him with dire consequences if he do not participate in the strike on ............ He also stated that the letters received from they have been sent to the Vice President on the same day (i.e.) on............... for necessary action. Further he stated that the management have sustained loss of production to the extent of Rs. ................. only due to the sudden, illegal and unjustified strike of the workers.
Now the Points for determination, are:
1. (i) Whether the action of Mr...................... in having gone on illegal and unjustified strike on ...................... along with some other co-workers in a pre-planned and concerted manner.
(ii) In having instigated and incited some other co-workers to participate in the strike on............
(iii) In having threatened some of his co-workers with dire consequences if they do not participate in the strike on ................are misconducts as defined under standing order No............. of the Government of Maharashtra Model Standing Order appended to the Bombay Industrial Employment (Standing Orders) rules. 1959
2. Whether the charges are proved ?
The delinquent employee had failed in establishing his non-involvement in the misconducts alleged against him by making himself physically absent at the enquiry. Taking into consideration of the evidence on record both written as well as oral, I have no hesitation incoming to the conclusion that the charges have been proved against the employee, beyond any doubt. I therefore found him guilty of the following charges namely..............
"Going on an illegal strike or abetting, inciting, instigating or acting in furtherance thereof”
As per clause................ of the Government of Maharashtra Model standing orders appended to the Bombay Industrial Employment (Standing Orders) Rules, 1959.
The connected papers of the enquiry including these findings are submitted herewith to the management for whatever action they deem fit.
The delinquent employee did not attend the enquiry hence the enquiry was conducted in his absence.
Sri............................. Management's representative in his deposition has stated that Mr............... Shift-in-charge, Mr. ............................................ Shift-in-charge, Mr.................... Shift-in-charge, Sri....................... Helper and Mr. .................. Helper, in their letters dated ............ represented that Mr. ................... along with some other workers had met them personally on.................. and instigated them to participate in the strike on................ and also threatened them with dire consequences if they do not participate in the strike. He also stated that since the misconducts committed by the delinquent employee are of very serious nature, show cause notice (charge sheet) - cum- enquiry notice - cum- suspension orders were prepared and sent for service through the security in charge. But when the security in charge had asked Mr................ to take delivery of the show cause notice (charge sheet) cum-enquiry notice-cum suspension orders, he refused to take delivery of the same. Hence they were sent by Registered Post Acknowledgement Due on ............... But the Regd. cover was returned undelivered by the postal authorities. Hence the same was published in................. Marathi daily dated................ fixing date of enquiry on............... at ............ p.m.
Mr ......................C.W. I (Company witness No. 1) in his evidence has stated treat Mr..................... along with some other workers employed in the factory had visited his house in the early hours of.................. (i.e.) at ............. a.m. and instigated him to participate in the strike on ....20...... and also threatened him with dire consequences, if he do not participate in the strike on............................... He had reported the matter to the Vice President, through Plant Manager. C.W.2 (Managements Witness No.2) Sri ................... C.W.3 (Managements witness No. 3) Sri.................. C.W. 4 (Managements Witness No. 4) Sri................C.W. 6 (Managements Witness No. 6) Sri................ C.W. 7 (Managements Witness No. 7) Mr................. (Managements Witness No. 8) in their deposition have corroborated with the statement given by Sri.................C.W. I (Managements Witness No. 1) Mr................ C.W. 5 (Management Witness No. 5) in his evidence had stated that Mr. .................... C.W. 1 Mr........................................ C.W. 2. Mr ......................................... C.W. 3, Mr................................ C.W. 4 Mr........................... C.W.5 Mr............... C.W.6 and Mr..................... C.W. 7 had reported to him both orally and in writing stating that they instigated him to participate in the strike on.......... and also threatened him with dire consequences if he do not participate in the strike on ............ He also stated that the letters received from they have been sent to the Vice President on the same day (i.e.) on............... for necessary action. Further he stated that the management have sustained loss of production to the extent of Rs. ................. only due to the sudden, illegal and unjustified strike of the workers.
Now the Points for determination, are:
1. (i) Whether the action of Mr...................... in having gone on illegal and unjustified strike on ...................... along with some other co-workers in a pre-planned and concerted manner.
(ii) In having instigated and incited some other co-workers to participate in the strike on............
(iii) In having threatened some of his co-workers with dire consequences if they do not participate in the strike on ................are misconducts as defined under standing order No............. of the Government of Maharashtra Model Standing Order appended to the Bombay Industrial Employment (Standing Orders) rules. 1959
2. Whether the charges are proved ?
The delinquent employee had failed in establishing his non-involvement in the misconducts alleged against him by making himself physically absent at the enquiry. Taking into consideration of the evidence on record both written as well as oral, I have no hesitation incoming to the conclusion that the charges have been proved against the employee, beyond any doubt. I therefore found him guilty of the following charges namely..............
"Going on an illegal strike or abetting, inciting, instigating or acting in furtherance thereof”
As per clause................ of the Government of Maharashtra Model standing orders appended to the Bombay Industrial Employment (Standing Orders) Rules, 1959.
The connected papers of the enquiry including these findings are submitted herewith to the management for whatever action they deem fit.
ENQUIRY OFFICER