Labour Laws Q/A

Mode of Communication

How should charge-sheet be served on a workman/employee when he is absent from duty.

The charge-sheet should be served in such a manner as to ensure and establish that he same has been served on a definite date and the service of charge-sheet may also be considered good in law. The communication should be made by registered post with due acknowledgement form attached which will ensure the date of receipt by an addressee. A letter posted under a certificate of posting cannot serve the same purpose and therefore, is of no value in proving the date of receipt by an addressee and is also not good service in law. In one case, it has been held that when the rules provided that the charge-sheet should be served on the delinquent either by Registered Post or by publication in the Gazette, the service by pasting on the door of the residence of the delinquent will not be proper.1 The Supreme Court has held that the service of show-cause notice or charge-sheet by publication in newspaper not shown to be popular in the area will not be sufficient and initiation of disciplinary proceedings upon such defective service will be bad in law.2 When the rules provide that charge-sheet should be served either by Registered Post or by publication, pasting it on the door of residence of delinquent will not be proper.3

Source: H L Kumar, Labour Problems & Remedies


References:
1. B. Harichandra v. Academy of General Education, 1995 LLR 420 (Kant HC).
2. Union of India v. Dinanath Shantaram Karcher, (1998) 7 SCC 589: AIR 1998 SC 2722: 1998 (IV) LLN 14: 1998 (II) LLJ 748: 1998 (80) FLR 446: 1998 LLR 1097 (SC).
3. Principal Chief Conservator of Forests v. T. Bhaskar Rao, 2006 LLR 768 (AP HC).

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