Wednesday, September 24, 2014
IN DOMESTIC ENQUIRY, THE WORKMAN CAN BE REPRESENTED BY THE OFFICE BEARERS OF THE UNION-AMENDMENT IN STANDING ORDER RULES ISSUED BY GOVT.OF TAMILNADU
Whenever a charge sheeted employee has to face the domestic enquiry he will be handicapped in the absence of office bearers of trade union in which he is a member, even though co worker is permitted in such domestic enquiry. When similar case came to the consideration of High Court,Chennai, Justice Hariparanthaman gave a judgement in CHIDAMBARAM SHIPCARE (P)LTD CASE on 12.4.2011 that workman is entitled to be represented in domestic enquiry by the office bearers of the union of which he is a member and also directed the Govt.of Tamilnadu to make suitable amendment in the Industrial Employment (Standing Order) Act,1946. The CITU is repeatedly writing to the Government to implement the order of High Court by bringing in suitable amendment in the existing TN Industrial Employment (Standing Order) Act,1946.Though the order of High Court was made in 2011, the Govt.of Tamilnadu has now come with the amendment to Model Standing Orders applicable to workman by issuing G.O.(Ms)No.74 (labour & Employment Dept)dated 18.7.2014. A new sub clause(bbb) is added next to Sub clause (bb) in clause 4 of paragraph 17 in Schedule I of the Standing Order Act as follows “ In the enquiry, the workman shall be entitled to appear in person or to be represented by an office bearer of trade union of which he is a member” The amendment is applicable to those for whom Model Standing Order is applicable. Unions can also bring amendment in the existing bye law of the union if their present bye law is not providing such options.
Saturday, September 20, 2014
TIRUNELVELI LABOUR COURT ORDERED FULL WAGES FOR SUSPENSION PERIOD TO LIC EMPLOYEE SRI AYYAPPAN OF NAGERCOIL BRANCH ____________________________________________________________________________ Sri Ayyappan,an employee of Nagercoil Branch of LIC OF INDIA was suspended and later dismissed for alleged misconduct on 16_4_1996.His termination was challenged before the Central Government Industrial Tribunal. The CGIT set aside the termination order and ordered back wages and all attendant benefits. The order of CGIT was challenged before the High Court,Chennai by LIC management. The High Court dismissed the petition filed by LIC. In the meantime Sri Ayyappan died. The LIC management settled all the benefits due to Sri Ayyappan including back wages ,PLLI etc. But the LIC management refused to settle wages for his suspension period ie.from 22.4.93 to 15.4.99 ie nearly 6 years wages. The issue was taken before the Labour Court,Tirunelveli by a claim petition by the wife of late Sri Ayyappan. The Labour Court ordered on 12_9_14 for payment of full wages less subsistence allowance already received ie balance amount of Rs.1,66,298/.It is a lesson to LIC for denying legal rights to its employees. This case is conducted by P.Esakkimuthu,joint secretary of CITU,Tuticorin District Committee.