Voting & contesting right of employee under suspension
5 years ago
Q of law:
1. Can a suspended employee contest election for the post provided by statute in Managing Committee of the organization? - Y/N
2. Does employee lose his right to vote in such elections on account of suspension? - Y/N
Kindly share precedent/case law if any?
If this issue has to be contested then which is the appropriate forum HC(writ) or Distt court?
Thanks & regards.
A.Dear Client,
1.Suspended Employee can not contest in the election.
2.Suspended Employee has no right to vote in the election.
High Court is the right forum to contest the Case.
Shanti Ranjan Behera
Advocate
1.Suspended Employee can not contest in the election.
2.Suspended Employee has no right to vote in the election.
High Court is the right forum to contest the Case.
Shanti Ranjan Behera
Advocate
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ARPIT BATRA
Responded 5 years ago
A.1 No
2 Yes
You can contact us directly too.
2 Yes
You can contact us directly too.
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A.Dear Sir,
My answers are as follows:
1. Can a suspended employee contest election for the post provided by statute in Managing Committee of the organization? - Y/N
Ans: No, since your civil rights are suspended during your suspension period.
2. Does employee lose his right to vote in such elections on account of suspension? - Y/N
Ans: Yes, for the above reason.
My answers are as follows:
1. Can a suspended employee contest election for the post provided by statute in Managing Committee of the organization? - Y/N
Ans: No, since your civil rights are suspended during your suspension period.
2. Does employee lose his right to vote in such elections on account of suspension? - Y/N
Ans: Yes, for the above reason.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client it remain an employee and their employment rights continue while he is suspended.yes he can vote. But as a condition of his suspension, his employer may prevent him from speaking to fellow employees and clients/customers of the business. This is lawful unless he can show that it interferes with his ability to answer any allegations that have been made against him.The Hon’ble Bombay High Court in Manohar P. Kharkar and another V/s Raghuraj and another, 1981provide same decision about employees rights. Also refere Kamal Kishore Lakshman V/s Pan American World Airways [1987 I LLJ 107] the Hon’ble Supreme Court decision for shake of information.
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