Enquiry Report 558 - Legal Draft
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Enquiry Report
Proceeding of the Enquiry officer dated .............
Present Sri........
Proceeding of the Enquiry officer dated .............
Present Sri........
BETWEEN
A.B................. ...Employer
A.B................. ...Employer
AND
C.D................. ...Employee
A charge sheet dated .......... was served on ............. To Mr ...................... For his following mis-conduct.
........................................
Mr. .................... has refused to accept the charge memo. Hence a copy of the charge
memo was displayed on the factory notice board. On seeing the charge memo displayed at the factory notice board. Mr............... charge sheeted workman had submitted his reply in his letter dated ......20...... wherein he had denied the charge. An enquiry was ordered and I was appointed as Enquiry Officer and the Enquiry was held at the Registered office of the Company i.e. ........................ on ........20............ At the enquiry the management was represented by Sri.................. and Sri .................. and the charge sheeted worker was assisted by Sri ................President of the Union. Before commencement of the enquiry, the Management's Representative Sri............ had filed the following documents with consent of the charge sheeted workman which were marked as exhibits MI, M2, M3, and M4.
When enquired the charge sheeted worker denied the charge. Then the enquiry officer explained the procedure of the enquiry to the charge sheeted workman and his assistant.
The Managements representative Mr ..................in his deposition had stated that on .......20.......... at ......... p.m., Mr............. the charge sheeted workman along with some other workers had abused and assaulted his co-workers Mr............. When asked, neither the charge sheeted workman nor his assistant desired to cross examine the Management's representatives.
Mr................. Management's witness No 1 in his witness statement had stated that he is working as helper in the factory for the past nine months and on .......20...... at ....... p.m. Mr............. his co-worker had abused him and assaulted him.
In his cross examination Mr................... assistant to the charge sheeted work man had asked Mr ...................... Management's witness No. 1 as to how many workers have assaulted him. Mr................................ had replied that Mr....................... had only assaulted him. He further questioned him at what time the incident had taken place. Mr ............ replied that the incident had taken place at .........p.m. again Mr................ questioned him that as how he could say that the incident took place at ........... p.m. Mr............... replied that the incident took place immediately after the commencement of 'C' shift in the factory. Again ........................... had asked him to mention the names of the persons who were present at the time of incident. Mr..................had stated that Mr................. and some other persons were present at the time of incident.
Mr............. Management's witness No. 11 in his witness statement had stated that he is working as helper in the factory since one year and on ............. at ............. p.m. Mr................ had abused and assaulted in his cross examination, Mr................ Assistant to the charge sheeted workman had asked Mr................. Stated that his shift on that day was ‘A’ shift. Again Mr. ................. asked Mr.................. as how many, members were present at the time of incident. Mr. ............ had stated that about 7 to 8 persons were present at the time of incident. Again Mr. .................... asked Mr.............. as to where Mr..................... assaulted Mr. ............................... Mr............ replied that Mr............... had assaulted on the face of Mr................
Mr ....................charge sheeted workman in his statement had stated that he is working as operator in the factory since ......... years. On .................. at ........... P.M. when he came to the factory to attend duty, he found that some of the workers were quarreling among themselves, and he immediately intervened in the dispute and pushed them on the other side.
When asked the management's representative Mr.............. did not cross examine the charge sheeted worker Mr..............
Mr................ Defence witness No 1 in his witness statement had stated that he is working as helper in the factory since ..............years. On .........20......... at .......... p.m. when he came to attend duty in 'C' shift himself and Mr................ charge sheeted workers found that some workers were quarreling among themselves. Immediately on seeing this, Mr.............. charge sheeted worker had intervened in the matter and pushed them aside in his cross examination Mr........................... Management's Representative asked Mr ...................whether he and Mr............ charge sheeted worker came together. Mr .....................replied "Yes".
Mr........................... Management's Representative in his cross examination asked Mr.......................... Defence witness No. II whether ................... along with Mr .................and
Mr. ..................... went to the room of ................. Mr.................... replied "Yes"
Now the points for determination are:
1. Whether Mr ..................had really abused and assaulted Mr .................. his co-worker on ............ 20..........at .............p.m.
2. Whether his action of having assaulted Mr............... on ..............at .............. p.m. is a misconduct as defined under clause 20 (k) and 20 (x) of the Government Model Standing Orders appended to the industrial Employment (Standing Orders) Rules 1953.
Point I
I find that the statement given by Mr................. Defence Witness No. 11 is not corroborative with the statement given by Mr........................ Charge Sheeted worker and Mr............. Defence Witness No. 1 Further neither the charge sheeted worker nor his assistant, were bothered to cross examine Mr........................ Management's Representative who had actually presented the case. Further it is also clear from the statement given by Sri...................... Defence Witness No. II and from the cross examination made by Mr............ on the statement of Mr...................... Defence Witness No. II that Mr..................along with some other workers had met Mr............. Therefore I do not find any reason why I should not believe the statement given by the Management's Representative Mr................. it is therefore proved that Mr............................ had assaulted Mr .....................beyond doubt.
Point II
In view of my findings on Point I, the action of Mr.................. of having threatened, abused and assaulted his co-worker Mr................ is a misconduct as defined under clauses ......... and ....... of the A.P. Government Model Standing Orders appended to the ...............................
In view of my findings on Points I and II, I find that the charges against Mr.............. is proved beyond doubt as misconducts in terms of clauses ......... and .......... of the ................. Orders appended to the .................. .................... I therefore hold Mr............... guilty of the charges of abusing threatening and assaulting his co-worker Mr.................
A charge sheet dated .......... was served on ............. To Mr ...................... For his following mis-conduct.
........................................
Mr. .................... has refused to accept the charge memo. Hence a copy of the charge
memo was displayed on the factory notice board. On seeing the charge memo displayed at the factory notice board. Mr............... charge sheeted workman had submitted his reply in his letter dated ......20...... wherein he had denied the charge. An enquiry was ordered and I was appointed as Enquiry Officer and the Enquiry was held at the Registered office of the Company i.e. ........................ on ........20............ At the enquiry the management was represented by Sri.................. and Sri .................. and the charge sheeted worker was assisted by Sri ................President of the Union. Before commencement of the enquiry, the Management's Representative Sri............ had filed the following documents with consent of the charge sheeted workman which were marked as exhibits MI, M2, M3, and M4.
When enquired the charge sheeted worker denied the charge. Then the enquiry officer explained the procedure of the enquiry to the charge sheeted workman and his assistant.
The Managements representative Mr ..................in his deposition had stated that on .......20.......... at ......... p.m., Mr............. the charge sheeted workman along with some other workers had abused and assaulted his co-workers Mr............. When asked, neither the charge sheeted workman nor his assistant desired to cross examine the Management's representatives.
Mr................. Management's witness No 1 in his witness statement had stated that he is working as helper in the factory for the past nine months and on .......20...... at ....... p.m. Mr............. his co-worker had abused him and assaulted him.
In his cross examination Mr................... assistant to the charge sheeted work man had asked Mr ...................... Management's witness No. 1 as to how many workers have assaulted him. Mr................................ had replied that Mr....................... had only assaulted him. He further questioned him at what time the incident had taken place. Mr ............ replied that the incident had taken place at .........p.m. again Mr................ questioned him that as how he could say that the incident took place at ........... p.m. Mr............... replied that the incident took place immediately after the commencement of 'C' shift in the factory. Again ........................... had asked him to mention the names of the persons who were present at the time of incident. Mr..................had stated that Mr................. and some other persons were present at the time of incident.
Mr............. Management's witness No. 11 in his witness statement had stated that he is working as helper in the factory since one year and on ............. at ............. p.m. Mr................ had abused and assaulted in his cross examination, Mr................ Assistant to the charge sheeted workman had asked Mr................. Stated that his shift on that day was ‘A’ shift. Again Mr. ................. asked Mr.................. as how many, members were present at the time of incident. Mr. ............ had stated that about 7 to 8 persons were present at the time of incident. Again Mr. .................... asked Mr.............. as to where Mr..................... assaulted Mr. ............................... Mr............ replied that Mr............... had assaulted on the face of Mr................
Mr ....................charge sheeted workman in his statement had stated that he is working as operator in the factory since ......... years. On .................. at ........... P.M. when he came to the factory to attend duty, he found that some of the workers were quarreling among themselves, and he immediately intervened in the dispute and pushed them on the other side.
When asked the management's representative Mr.............. did not cross examine the charge sheeted worker Mr..............
Mr................ Defence witness No 1 in his witness statement had stated that he is working as helper in the factory since ..............years. On .........20......... at .......... p.m. when he came to attend duty in 'C' shift himself and Mr................ charge sheeted workers found that some workers were quarreling among themselves. Immediately on seeing this, Mr.............. charge sheeted worker had intervened in the matter and pushed them aside in his cross examination Mr........................... Management's Representative asked Mr ...................whether he and Mr............ charge sheeted worker came together. Mr .....................replied "Yes".
Mr........................... Management's Representative in his cross examination asked Mr.......................... Defence witness No. II whether ................... along with Mr .................and
Mr. ..................... went to the room of ................. Mr.................... replied "Yes"
Now the points for determination are:
1. Whether Mr ..................had really abused and assaulted Mr .................. his co-worker on ............ 20..........at .............p.m.
2. Whether his action of having assaulted Mr............... on ..............at .............. p.m. is a misconduct as defined under clause 20 (k) and 20 (x) of the Government Model Standing Orders appended to the industrial Employment (Standing Orders) Rules 1953.
Point I
I find that the statement given by Mr................. Defence Witness No. 11 is not corroborative with the statement given by Mr........................ Charge Sheeted worker and Mr............. Defence Witness No. 1 Further neither the charge sheeted worker nor his assistant, were bothered to cross examine Mr........................ Management's Representative who had actually presented the case. Further it is also clear from the statement given by Sri...................... Defence Witness No. II and from the cross examination made by Mr............ on the statement of Mr...................... Defence Witness No. II that Mr..................along with some other workers had met Mr............. Therefore I do not find any reason why I should not believe the statement given by the Management's Representative Mr................. it is therefore proved that Mr............................ had assaulted Mr .....................beyond doubt.
Point II
In view of my findings on Point I, the action of Mr.................. of having threatened, abused and assaulted his co-worker Mr................ is a misconduct as defined under clauses ......... and ....... of the A.P. Government Model Standing Orders appended to the ...............................
In view of my findings on Points I and II, I find that the charges against Mr.............. is proved beyond doubt as misconducts in terms of clauses ......... and .......... of the ................. Orders appended to the .................. .................... I therefore hold Mr............... guilty of the charges of abusing threatening and assaulting his co-worker Mr.................
ENQUIRY OFFICER
Encls : As stated above