Law of Services--filing Appeal and Review
Law of services.
Filing appeals against punishment order
When an employee is punished by the competent authority, he has got a right to file an appeal and if his appeal is also rejected, the employee has got a right to file a review petition with still an higher authority and if his review petition is also dismissed, then he can go to a Court of law and nothing more. There could be arbitration proceedings and there could be remedy available with the Labor Courts. It is for the employee to take appropriate measures when he is punished.
He must know that the employer has prescribed some time limitations and appeal and review must be filed within that prescribed time. The appellate authority and the reviewing authority has got some discretion, if proper grounds and reasons are given, to entertain appeal and review beyond that limitation period. But the employee must avail this opportunity in rare cases and he must file his appeal and review within the time prescribed.
In appeal he must give complete account on the basis of which he is saying that the order of punishment is wrong. He must give reasons as to why the order had not been on evidence on record and he must specifically refer to the documents or evidence which had not been taken into account by the punishing authority and by the appellate authority and if need be he must apply for personal hearing and when such a hearing is given to him, he must explain his position before the appellate authority and then before the reviewing authority. If he is not explaining his position clearly there shall be no chance of his success in appeal and in review and he shall have to go a Court of Law or to the Labour Court or Labour Commissioner. Therefore, one should be very cautious while filing appeals and while filing reviews and his language must not be insulting and he must see that he is giving due respect to the higher authorities.
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