Want to know process for withdraw suspension order
7 months ago
I am working in a company and suspended there due to included me in a criminal offence and now I am released via regular bail from this offence and now I want to join my office and want to withdraw suspension order but department told me they join me after clearance from case (but in that it may take 5-10 years) so tell me the process to withdraw the suspension order.
The process for withdrawing a suspension order and being reinstated in your job after being suspended due to criminal charges can vary depending on your specific circumstances, the company's policies, and applicable labor laws. Here are some general steps to consider:
Consult with an Attorney: It's essential to consult with an attorney who specializes in labor or employment law. They can provide you with guidance tailored to your situation and help you navigate the legal aspects of the process.
Review Company Policies: Carefully review your company's employee handbook, code of conduct, and employment policies. These documents often outline the procedures for addressing suspensions and disciplinary actions.
Contact Human Resources: Reach out to your company's Human Resources (HR) department to discuss the situation. Inform them that you have been released on regular bail and inquire about the company's policy for reinstatement following a suspension due to criminal charges.
Provide Documentation: If you have documents related to your release on bail or any legal documents indicating the status of your criminal case, provide copies to HR. They may need these documents to evaluate your case.
Follow Company Procedures: Follow any procedures outlined by your company for challenging or appealing the suspension. This may involve submitting a written appeal or participating in a review process.
Engage in Communication: Maintain open and respectful communication with HR throughout the process. Discuss your willingness to return to work and address any concerns they may have.
Legal Remedies: If your company is unwilling to withdraw the suspension or reinstate you, consult with your attorney about potential legal remedies, such as filing a wrongful termination or unfair suspension claim, if applicable under the law.
Monitor Legal Case: Continue monitoring the status of your criminal case. If the case results in your acquittal or dismissal of charges, this may strengthen your position when seeking reinstatement.
Document Everything: Keep records of all communications with your employer, including emails, letters, and notes from meetings. This documentation may be valuable if you need to pursue legal action or appeal the suspension further.
Be Patient: Resolving employment-related issues can take time, so be patient and persistent while following the necessary procedures.
Ultimately, the specific process for withdrawing a suspension order and returning to work will depend on the details of your case, your company's policies, and applicable labor laws. Consulting with an attorney who specializes in labor and employment law is highly recommended to ensure that your rights are protected and to help you navigate this challenging situation.
Thank you.
A.Dear Sir.
Suspension cannot be extended more than six months. Further during suspension you are entitle for 50% of the salary for the first six months then 90% of salary. If they are not giving approach Hingh court or labour court or fallowing authority ----
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
Your Company has rightly clarified your query claiming revocation of suspension and joining your service since you have been released on bail against a criminal offence. A bail is not considered as an acquittal from the criminal offense brought against you based on which you were suspended pending inquiry/investigation. The order of suspension shall continue till the completion of the departmental inquiry and awarding you the punishment if the charges brought against you is established in the domestic inquiry. Once you are released on the order of bail, you have to appear before the departmental inquiry committee on receipt of the inquiry notice from the EO of the Company. However, as per the provision of Sec.10(A) of the Industrial Employment(Standing Orders) Act, 1946, you are entitled to subsistence allowance from the Company for the period you remain under suspension. If the inquiry committee finds you guilty of the charge, it may recommend the punishment based on the gravity of misconduct to the punishing authority of the Company. And if the punishment order passed by the said authority allows you to resume or rejoin your service by imposing a lenient nature of punishment, then you can rejoin your service in the Company. It may further be noted that if the order of the trial Court convicted you for the said criminal offense, then the Company may pass an order of dismissal from service on the charge of conviction by a Court of law for a criminal offense involving moral turpitude. So, depending on the future consequences, you need to take the steps consulting a Lawyer, if required.
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