2. Why we go for
domestic enquiry ?
In today’s context no employer can discharge
or dismiss a delinquent workman even for a
serious misconduct without following an
elaborate procedure for taking disciplinary
action.
It is only when the workmen is found
guilty of the charge in an enquiry
conducted as per the principal of natural
justice, that the employer after following
the procedure can punish him as per the
company’s standing orders.
3. Rules of natural justice
the employee proceeded against had been
informed clearly of the charges leveled against
him.
• The witnesses are examined ordinarily in the
presence of the employee in respect of the charges
• The employee is given fair opportunity to cross-
examine the witnesses
• The employee has been given reasonable
opportunity to defend.
4. Suppose the employer has dismissed/ discharged
a workmen after following the procedure,
conducting a fair and proper enquiry.
Now the question is whether his decision
can be challenged?
• The answer is yes. Decision can be challenged by
• the workmen under section 2-A of the ID Act,
• 1947 by raising an industrial dispute and for this
• he need not have support of any trade union or
• other workmen. However, if an employee is not a
• workman he can not raise industrial dispute
• under the ID Act.
5. Basic error of fact
If the findings at the enquiry is based on
extraneous (irrelevant) matter or if the
workman is found guilty and punished on a
charge not disclosed in the charge sheet
The management will be guilty of
committing basic error of the fact.
6. Steps Involved In The Procedure For
Disciplinary Action
A. Issue Of The Charge-sheet
It is advisable to obtain a written complaint before issuing a
charge-sheet and as far a possible conduct a preliminary
enquiry.
The charge-sheet should be drafted in a clear and
unambiguous language.
Wherever possible, the relevant clause of the company’s
standing orders should be mentioned.
If the charges are related to a incident, the date, time, place
of occurrence should be mentioned.
The charge sheet framed should be signed by the
disciplinary authority.
If the charge sheet is vague, whole enquiry will be vitiated.
7. B. SUSPENSION PENDING ENQUIRY
WHY SUSPENSION DURING PENDING ENQUIRY ?
This is required when management considers that
his physical presence might endanger the safety of
other workman or if it is apprehended that he
might intimidate (Scare) others or tamper with the
evidence. In such case subsistence allowance should
be paid as per law.
8. C. CONSIDERATION OF
THE EXPLANATION
AFTER A CHARGE-SHEET HAS BEEN
SERVED, WITHIN THE SPECIFIED TIME
FOR REPLY, HOW HE MAY REACT ?
Admitting the charges and requesting for mercy
* Denying the charges and requesting for an
enquiry
* Not submitting any explanation at all
• Requesting for more time to submit explanation.
• Giving an ambiguous or obscure reply.
9. THE DILEMMA
IT IS FOR THE MANAGEMENT TO PROVE THE
CHARGES AGAINST THE WORKMAN BY
PRODUCING EVIDENCE DURING THE ENQUIRY,
AND IT IS NOT THE WORKMAN WHO HAS TO
PROVE HIS INNOCENCE.
UNLESS MANAGEMENT SIDE HAS BEEN ABLE TO
PROVE THE CHARGE AGAINST THE WORKMAN,
HE SHALL BE CONSIDERED “NOT GUILTY”
IT IS OF FUNDAMENTAL IMPORTANCE THAT
JUSTICE SHOULD NOT ONLY BE DONE, BUT
SHOULD MANIFESTLY AND UNDOUBTEDLY BE
SEEN TO BE DONE.
10. CONCLUSION
Though laws are pro labor and it is difficult to take disciplinary
action against any workman but it dose not mean that a sense of
despair (hopelessness) should prevail in our minds with regard
to disciplinary matters.
If a domestic enquiry is fairly and properly held without any
prejudice or bias after following the principal of natural justice,
and the management had not acted with malice or prejudice
while deciding about the quantum of punishment, there is no
reason why management’s decision, if challenged, should be
reversed by the tribunal.
