Enquiry Report 564 - Legal Draft

Mr...................received the charge memo on .............and sent his reply in his letter dated : ............Not satisfied with the reply, the Management ordered for an enquiry and I was appointed as Enquiry Officer and the enquiry was held at the factory on ......... at .......a.m., Before commencement of the enquiry, the managements representative Mr...............had filed the following documents with the consent of the charge sheeted workman which were marked as exhibits A, B and C.

1. Charge memo dated................A
2. Reply Letter dated..................B
3. Enquiry notice dated ...............C

I have read out the contents of the charge memo dated........... and enquired the charge sheeted worker whether the admits the charge. The charge sheeted workman informed me that he admits the charge. The Managements Representative Mr.............in his statement had stated that Mr.................is employed as a workman in the factory from ...........20...... and a charge memo was issued to him on for his habitual absence from duty without obtaining prior sanction of leave from the competent authority on the following dates :-


1. April         .....       2000     : ............................      Total : ...... days
2. July           ....        2000     : ............................      Total :  ..... days
3. August        ....        2000     : ..........................     Total :  ..... days

He also stated that the charge memo was acknowledged by the workman on......... and the workman has sent his reply on ..........He further stated that not satisfied with the reply, the management ordered for an enquiry on ..........When enquired, the charge sheeted workman informed that he do not want to cross examine the managements representative. The charge sheeted workman in his statement had stated that he is employed in the factory as a workman since ............. 20...... He also stated that it is a fact he was absent on the various dates noted in the charge memo dated ......... without obtaining prior sanction of leave from the competent authority. He further stated that he had enclosed some medical certificates obtained from .............. Hospitals, Hyderabad, recommending leave from ......... to .......... and again recommending leave for ........ days from ........... and from ............ hospital, ........ recommending leave for the period from ........ to ........ to his reply letter dated ......... I have asked the delinquent employee whether he is covered by Employees State Insurance Act. He replied in affirmative Again I asked him what is the ESI Card No.? He replied his Card No. is............I have again asked him why he had obtained medical certificates from the private doctors when he was already covered by ESI scheme? He replied that since he lost his ESI card about three months back, he had obtained medical certificates from the private doctors.

Now the points for determination are :-

1. Whether Mr..............workman has really absented himself from duty without obtaining prior sanction of leave from the competent authority on the various dates noted in the charge memo dated.............

2. Whether his action of having habitually absented himself from duty without obtaining prior sanction of leave from the competent authority on the various dates noted in the charge memo dated.............is a misconduct as defined under clause ...... of the .............. Orders appended to the Industrial Employment ..............Orders.

Point - I

In his statement Mr............... has clearly stated that it is fact that he was absent from duty on the various dates noted in the charge memo dated .......... without obtaining prior sanction of leave from the Competent Authority. Further as per the information given by Mr...................... delinquent employee during the enquiry he is already covered by the Employees State Insurance Act, and his ESI identity Card No. is........... according ESI scheme, an employee who is covered by ESI act is supposed to take treatment from the ESI Hospital. If treatment is taken from the Private Doctors leave will not be recommended by the ESI Hospital. If treatment is taken from the Private Doctors leave will not be recommended by the ESI doctor and such employees are not eligible for ESI benefits. When I questioned the delinquent employee why he had obtained medical certificates from the private doctors, he informed me that he had lost his ESI card about three months back. Hence he could not go to ESI Hospital. But as per Regulation No. 18 of the ESI (General) Regulation 1950, in case of loss, defencement or destruction of an identify card, the insured person shall report the mater to the local office and they will issue a duplicate card on payment of a fee of two rupees. Mr...................... could have obtained the duplicate card very easily by paying a sum of rupees two only immediately after the original card is lost.

It is know why Mr........................... did not take steps to obtain a duplicate card. Further Mr....................... has submitted medical certificates obtained from private doctors recommending leave from the following period :-

a. From ....................... to .........................
b. For 20 days from....................... (i.e.) from ............ to...............
c. From ........20... to .........20.....

But he did not produce any medical certificate for the following days. The reason for non-submission of medical certificates is not known :-

a. April-2000 .......................... (1/2 days), 12, 13, 14
b. July-2000 ........................... 04, 20, 21, 22, 23
c. August-2000........................ 13, 27, (1/2 day)

From the above, it is clearly evident that Mr......................... has deliberately and intentionally absented from duty without obtaining prior sanction of leave from the competent authority on the date noted in the charge memo dated ..............

Point II.

Habitual means involving repetition of an act or omission for a minimum 4 times within a period of 12 months, as defined in clause 1(a) of the Govt. model standing orders appended to the Industrial employment Orders) ............ Rules 1953. But in the present case Mr.................