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.

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