11-03-2014, 03:18 PM
A HANDBOOK OF DISCIPLINARY ACTION PROCEDURE
HANDBOOK OF DISCIPLINARY .doc (Size: 120 KB / Downloads: 25)
Prologue
In the interest of maintaining good order and discipline in his establishment en employer has in inherent right to suitably punish a delinquent employee. However, with the emergence of modern concepts of social justice, this inherent right has come to be concepts of social justice, this inherent right has come to be subjected to certain restrictions so as to protect an employee against any sort of vindictive or capricious action. The employer is, therefore, required to follow certain principles and procedures before he can award any punishment to his employee. It is very essential that the correct procedure is followed by the employer to ensure that his punishment order is not upset, later on by any Industrial Tribunal on technical grounds, should it be made the subject matter of an industrial dispute. Except to a certain extent in the Industrial Employment (Standing Orders) Act, 1946, there is little or no specific provision in any statue relating to industrial law in this country prescribing in detail the correct procedure as such, which should be followed before awarding punishment to an employee. However, in recent years there has been a gradual emergence of a body of principles resulting from the decisions of the various Industrial Tribunals, as well as High Courts and the Supreme Courts indicating the basic formalities to be observed and the correct procedure to be followed by the employer in such cases. These principles are fairly well established by now and an attempt has been made in this handbook to explain these principles and their practical application in detail as far as possible.
Something about Industrial Employment (Standing Orders) Act, 1946
This Act was passed by the parliament in 1946. The object of this enactment is to define, in precise terms, the conditions of employment for the employees. This Act is applicable to “Industrial Establishment” employing one hundred or more employees. The States have powers to make this Act applicable to “establishments” employing even lesser number of employees. It is, therefore, advisable to ascertain from the offices of the respective State Labour Commissioners, whether this Act, on a given date, becomes, applicable to a given establishment or not. The “Industrial Establishments” to which this Act applies can have their Standing Orders certified. The certification is done by the State Labour Commissioner or an Officer under him known as a certifying Officer. These Standing Orders are required to be in conformity with the Model Standing Orders framed by the respective State Governments. The Standing Orders inter-alia defines acts and omissions, which constitute misconducts, as also indicate generally a procedure for proceeding against an employee involved in misconduct. Till such time as the Standing Orders for any establishment covered by the Act are certified, it remains governed by the Model Standing Orders framed by the respective State Governments. These Model Standing Orders are specified in Industrial Employment (Standing Orders) Rules, framed by the State Governments.
Examination of the Witnesses in Defence
After the statement of the charge-sheeted employee and his cross-examination, he should be asked to examine his witnesses, if any. If the employee has no witnesses to examine, or refuses to examine them, a statement to that effect should be recorded so that it could be proved later that the employee was given an opportunity to bring his own witnesses but he declined to do so. If, however, the charge-sheeted employee wishes to examine witnesses in defence he should be given every reasonable opportunity to do so. If he cites witnesses who are his fellow employees, arrangements should be made to call them. If, however, the witnesses cited by him are outsiders over whom the employer has no control, it is the responsibility of the employee alone to present them at the enquiry. Witnesses tendered by the charge-sheeted employee should be examined one by one just as in the case of witnesses in the support of charge. The only difference here would here would be that the charge-sheeted workman would first examine his witnesses and then the Management’s representative would have the right to cross-examine them. At the end of the evidence of each witness, the witness concerned should be asked to sign and after inserting the following remark, the charge-sheeted employee should be asked to put his signature also.