Representation of chargesheeted employee by another chargesheeted employee

dear sir,
I am enquiry officer in domestic enquiry. Worker has requested in writing to allow Union Member as his representative. Interesting point is that , Union Member is also chargesheeted by another charge sheet. Management has opposed his request and said that another Union Member may be allowed.
What is the legal position. please advice.

There should be no objection that charged officer is having a union member as his representative.
The representative being chargesheeted himself should not be a bar.

In a domestic enquiry procedure, a worker is always permitted to represent his case with a co-worker in the same establishment/factory in which the delinquent worker is functioning,
irrespective of the co-worker being a union member, or whether he being charge sheeted by management.
Only the matter you need to ascertain, is that if he (co-worker) is charge sheeted for the same case as that of delinquent employee, then you can disallow him and demand the delinquent employee
to bring another co-worker.

There is no bar for a charge sheeted workman / union office bearer in a different case , to represent another charge sheeted workman as co-worker . Certified standing orders invariably have a n enabling provision in this regard
P.Senthilkumar
Former Corporate Head - Industrial Relations , MRF Ltd
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