During the domestic inquiry, the workman died. What are the options available to the management concerning the inquiry? If Management has the option to conclude the inquiry, what procedure is to be followed?
Please suggest options available.
Regards,
From India, Delhi
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18Please suggest options available.
Regards,
From India, Delhi
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Since the workman has expired, the inquiry has to be closed at this stage, and the charges have to be held as not proved. It cannot proceed any further as the deceased employee cannot defend himself, nor can any punishment be imposed. Treat the charges as not proven and settle the dues accordingly. Believe that the employee has been punished by the Providence.
From India, Mumbai
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From India, Mumbai
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The domestic inquiry should be closed if the workman died during the period by the Management. The management needs to settle the F & F (his gratuity & the full wages deducting the sustenance allowance paid), pay to the legal heir of the dead workman. The workman remains clean until his misconduct is established. There remains no scope since the accused is dead. The opinion of Mr. KK is a valid one to adhere.
From India, Mumbai
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From India, Mumbai
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Action of a person dies with the person. Therefore, there is no use in continuing the disciplinary proceedings any further. Whatever the gravity of the charges against him, on the date of his death, he was only a delinquent employee as the disciplinary proceedings remained halfway through. I concur with the foregoing views about the further action to be taken by the employer in this regard.
From India, Salem
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From India, Salem
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If the workman dies during the course of a domestic enquiry, it should be deemed that the charges have not been proved, and that the workman remained innocent. As such, his full and final settlement should be made, including statutory and social security payments like gratuity, leave encashment, PF, etc., as per provisions of the statute.
P. Senthilkumar
From India, Chennai
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P. Senthilkumar
From India, Chennai
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During the domestic enquiry that is in progress, the delinquent has passed away. As a result, the enquiry cannot proceed any further. At the next hearing, the Management Representative can present the facts to the Enquiry Officer and request the closure of the enquiry due to the employee's death. The legal dues of the deceased employee can be settled with their legal heirs as per the rules. The Enquiry Officer should formally close the enquiry upon the request of the Management Representative.
From India, Madras
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From India, Madras
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