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MADHU.T.K
MADHU.T.K
Why indiscipline?
Ignorance of rules Physical/ mental incapability Absence of proper training Discontented workmen Misguidance by Trade Union leaders Absence of standard policies of handling discipline Uncongenial working conditions
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Absenteeism Habitual Late coming Overstaying leave Disobeying rules/ standing orders Insubordination Misappropriation of funds or valuables Misconduct
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Procedures
Standing Orders framed under the Industrial Employment (Standing Orders) Act, 1946 to be followed. Ensure principle of natural justice. Serving Charge sheet Holding of Domestic Enquiry Serving Shaw Cause Notice Order of punishment
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Charge Sheet
Memorandum of charges Statement of allegations of misconduct/ omission/ negligence No particular format prescribed for charge sheet in any Labour enactment The object is to give the employee exact idea of the misconduct committed by him so that he may get reasonable opportunity to defend.
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It should contain complete picture of misconduct It should state that the act of commission or omission resulting in misconduct is violation of a particular clause of standing order Language to be as per Standing Orders or as required by the delinquent Enclose a list of witnesses in support of charges
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Be specific
Charges leveled should be specifically stated- avoid etc..etc/ other/ any/ some people like expressions. The amount misappropriated should be specific sum and not around Person manhandled should be Mr./Ms. X and not some one Time of misconduct should be exact- avoid around time. Charge sheet for using offending language should contain the exact word used.
MADHU.T.K
As stated in the Standing Orders Serve the charge sheet personally against signature on the duplicate copy/ delivery book If absent/ on leave/ under suspension, paste it on the wall of the residence of the delinquent By Registered Post Displaying in the Notice Board of the company Publishing in the regional newspaper
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Domestic Enquiry
Follow rules laid down in Standing Orders Purpose of domestic enquiry Provide delinquent an opportunity to defend the charges Provide employer an opportunity to evaluate the situation and decide the penalty to be imposed
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Notice to show the Date and Time of enquiry Venue of holding enquiry Name of the Enquiry Officer Notice to be served in the same manner as followed to serve charge sheet Workman shall have right to appoint a Defense Helper
When legally trained person represents management in enquiry, workman shall also be allowed to be represented by lawyer (Hindustan
Teleprinters Ltd Vs Mr. Rajan Isaac.)
MADHU.T.K
Not mandatory that procedure laid down in the Code of Criminal Procedure, 1973 or the Evidence Act, 1872 to be followed. (Mahindra and Mahindra Ltd. Vs Sunil Yeshwant Pandit and another ) Question- Answer pattern may be followed Statement of Management to be taken first Cross examination by employee/ helper Take signature of the concerned on record Examine and cross examine witnesses Object/ Disallow irrelevant questions
MADHU.T.K
Before punishment is initiated a Show Cause Notice highlighting the charges, findings of the enquiry and possible penalty imposed on the delinquent shall also be served calling on him to show cause why action including discharge or (even dismissal) shall not be taken against the delinquent. Though serving of such notice will not make the process of enquiry invalid (as decided in S. Shenbagaraj
Vs Additional Commissioner of Industries and Commerce, Chepauk and others.), it is advisable to give the
employee a final opportunity before punishment is inflicted. Enquiry report to be furnished to the employee
MADHU.T.K
Order of Punishment
Principles of natural justice to be followed Punishment should not violate section 73 of the ESI Act - notice of dismissal or discharge given to an employee during the period the employee is in receipt of sickness, maternity or other benefit shall be invalid. Order issued without holding a domestic enquiry or after holding a defective enquiry will not stand since Labour Court/ Tribunal can interfere with such order as provided u/s 11A of the Industrial Disputes Act, 1947
MADHU.T.K
MADHU.T.K
MADHU.T.K
Notice of enquiry
To Date: -------Sub: Enquiry u/r ___ of Standing Orders Ref: Charge sheet No.____ dated______ Your explanation dated____
Since the explanation given by you as cited above is found unsatisfactory, a domestic enquiry u/r ____ of the Standing Orders has been initiated to decide on the charges. The enquiry will commence at 9.30 am on ___ (date) at _____ (venue) You are hereby required to present in person with or without a helper to give any clarification to defend the charges against you. Mr./Ms. ____ will be the Enquiry Officer. Sd/Authorised Signatory
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Enquiry Proceedings
Enquiry proceedings in to the charge sheet No____ dated ___ issued to Mr.___ (Time, date and place of enquiry) Present 1. Charge sheeted employee 2. Defense helper 3. Management representative The charges leveled against the employee were read over and explained to the employee. (Examination of management witness- statement in support of charges) Name and details of witness Statement/ questions and answers Signature of witness Signature of charge sheeted employee with a declaration that the statement has been recorded in his presence Signature of Enquiry Officer (Cross Examination by Employee/ defense helper) -Same process as above(Examination of witness against charges) -Same process as above(Cross Examination by management representative) -Same process as above* If any one does not want to cross examine, the same may be recorded as opportunity given for cross examination but declined to cross examine with signatures
MADHU.T.K
MADHU.T.K
Termination Order
Date
Pursuant to the charge sheet above referred and findings of enquiry report dated____, the management has come to the conclusion that the charges leveled against you have been proved categorically. As you have been found guilty of serious misconduct, the management has decided to dismiss you from service. However, on compassionate grounds, we have decided to take a lenient step by imposing a lesser punishment by discharging you from service with effect from/ with immediate effect. You are, therefore, directed to settle your dues including salary dues and handover the charges to Mr________ during office hours on_________ Sd/Authorised Signatory
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Thank You
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