Dismissal Order Regd Post
EMP No. ______________
Organization Name ______
Pin code _______________
1. Charge Sheet dated ___________ issued to you.
2. Your explanation dated ________ to the above charge sheet.
3. The enquiry report dated _________.
4. II Show Cause Notice dated _______.
5. Your explanation dated ___________ to the II Show Cause Notice.
This letter is written to you to recall that a Charge sheet was issued to you for the misconducts under clause (a),(b),(c),(d) on date ________ As you have disputed the misconducts through your explanation dated ________, a Domestic enquiry was ordered and held, keeping in view of the Principles of Natural Justice. Inspite of service of notice on you, for the reasons best known to you, you did not choose to attend the enquiry, leaving no option to the Enquiry Officer to hold an ex-parte enquiry.
The Enquiry officer after examining the evidences has submitted the report holding you guilty for the misconducts under clause 20 (a), (b), (c) and (d) of XYZ Model Standing Orders.
The Management has examined the report of the Enquiry Officer and after completely satisfied with the report a Second Show-Cause-Notice was issued to you. The answer you gave for your second Show-cause-notice came up with imaginary allegations. After examination of your reply we found that the same is neither convincing nor satisfactory.
You have mentioned in your reply that you are a protected workman. But it is not true. Under Rule 63 of the A P Industrial Disputes Rules, the status of protected workman can be claimed only when an application is made by the Union and when the employer by positive action recognizes and grants in writing the status of Protected Workman to the Office Bearers of the Union.
Recognition of such status will arise only when employer in writing grants status not otherwise.
As you have mentioned in your explanation that you have not received the enquiry notice, which is not correct. Enquiry Officer has sent a Telegram on dated ________ informing you the time and date of enquiry with the venue as well, besides sending a letter by Courier.
It is also not a fact that the management has promised before the Collector that you would be taken back into survive. In fact the Management promised to examine the matter.
Therefore, you cannot say that the Principles of Natural Justice are violated.
The Management has also taken into consideration of your record. Therefore there are no adverse remarks, but because of the misconducts established in the enquiry, you are terminated with immediate effect.
For XYZ Limited,