Lo",n;_STIC EN gUIRY - PRINCIPLES AIT PR OCEUJTP~

1. INTROrJTJCTION

1 ~1 Naintcnancc of discipline in nJ1 establi2hment is of

paramount importance for its smooth running. In the early days of our industrial growth when the state followed the policy of laissez [;:tire, an employer had the absolute right to hire and fire his w o r k.tne n <11; his will, but w I t h the emergence of modern concept or social justices that

UtA emp Lo y e e should be protected against vindictiveness

and arbitrary action on the part of his employer, such right of an employer has been abridged, restricted and insti tutionalisecl. An employer in ta!dng a punitive

action against his employee is required to observe the principles of equity, justice arr d r f a i r- play, which principles are termed as "pr-Ln c i.p Le s .~f' ntural justice I. This has resulted in the creation of 11lhat has come to be kri own as Lepartmental or Domestic Enquiries.

2.0 PRINCIPLES OF NATURAL JUSTIC~

2.1 Natural justice con~titutes th~ core of democratic

norms. As a concept, it stands as a beacon light of virtue and e t hLc a L norms. Broadly speaking, the principles of natural justice are bas~d on the follQ~ing twin pillars

(a) "rru d L a L teram part"~m:H 'llhich means hear the other side;

and (b) "n e mo judex in cau s e suo" - no man shall be judge__ . ...

1n n x s own c aivs e .:

2.2 Though the expression 'Natural Justice' has not been

defined by any statute the concept, hO;'icver, has been

sought to be e x p Ln i.n ed in severed judiCial pr onounc e':"·

meri t s , It has been helel that the principles of, natural justice'are those rul.e s wh Lc n have been .laid d ow n by the courts as being the minimum protection of the right s er

the individual against the arbi t r ar y procer'ure that may be adopted by an authority wh i Le making an order affecting those rights. These rules are rnt,ended to prevent such authority from doil1g·injustice CU.

( 1) Allahabad High Cciur:t;,· in. Hukhtar Singh & O't.h.e r s v«. st at e of .B.P. - AIR 19,27 p. 2.97

."

Source ~'By Mr .. GLGovi~, Sta:ffGontroller, AGe

2.3 In conducting a d0mest~c enquiry, it has been laid

d ow n in s cv e r a I decisions of the Sup:;"eme Court2 that the

f o L'l.ow i.n g rules of rt a t u rn I, justice sh ou.Ld be observed:

I ) A w o rk rnrrn ,,,110 L" proceeded ;:l{{,;::~;inst mllstbe c I.e arly Ln f or me d of' the charge sIeve Ll.e d agrtinst him;

ii) He sbou Ld have reasonable; notice' of t'hecase he has to meet.

iii) He should have opportunity of adducing all relevant evide,nce' on which h12, relies ..

i v) Evidence in support of. the charg.e·s' intis t ": normally be taken in his .presenc'e."

"

v)

He sh auld be given o pp e r-t uri L ty Gfcross :ex~ amining thei,i tn(~s s/,,,i trie s s e s : examinedln support of a charge.

No material should be reli(G1HOn against the wor-kman charged w L thou this being given an opportunity of explaining the m ."~

An enquiry should.be conducted, by alSerson

w h o is neither d Lr e'ct Ly or indifectly a party to the case, b.ecau se no. man can be a judge in

. his o,,,n .C ause.. .'

.i .

vi)

vii)

-:

viii) Ail r,nquiry Of fLc e r' mu s.t act· in go'cd faith not

. :arbitrarilybut rea s on ab L'y , 1'11,8, Enquiry Officer' should'rec o r d his findings ,vi tho re.aso;ns. t.he r-e of' " Ln ' his "report.,

1~58

:"1

a) SC in Un i.o'n of IndiaVs. T .I{~· Verma rILLJ p, 259

b): Andh r a Pradesh High. "Cour t ihAridhr·a Scientific Co Ltd VsSesl,1agir'i B-ao'- '1:959"11 LLJ p.?17

• : \ • ~ '. • 1 , ••

c) 'S.C. in Sti~'Enamel &';S,tampin,g .. \jrqr~.s Ltd. ,_ Vs. their ,vorkmey{L, 1963 IT LLJp .06]'

d)

. . ;

S.C .,in,Ceptr,alBankofIndib.'Ltd. ,Vs;

Karu~ambyBaI1e~ jee ~';f967T:I'LLJ 'p. 739

,Madra~,Iiigl1 \Qurt in Pa Lan i! Vs.< .. Superintending Engiti~~r,' Ve.:ll<;n::¢Elet!:' SysteYJ('1968 4:'iI LLJ

p. 94 ."_" " ,"_..... ,,'.' r ";; ." ,/oJ /.

Supreme Cour' t 'in,:.t1;le Nwtage.trl,ellt; 9f,,,Tr,avanc or e Titanium Products Lt d , , Vs. their wo r-kme n , 1970 - II LLJ p. 1

3.0 NECESSITY CF J\ DmJ1~:::TIC ENQUIRY

3.1 The necessity ror holding n domestlc nnquiry

arises owing to the following main reasons:

i) Principl(' s or ri a t u r a L ju,:: tic e r(:J1L~re t h at no man should be c ori d c mn e d urrh e a r-d . It would be a travesty o.f ju,c~tice, i r w i t h o u t having enough ma t e r Ln L p un Ls hmon t is meted out to a workman.

ii) The certified Standing Orders require an employer to hold a domestic enquiry before punishing a workman for a mi se onduc t .

iii) Lf' punishment is meted out to a wo r kman .for a proved misconduct asa result of a proper domestic enqui~y, the ~ac~ionof the employer will normally be ndt interf~~erl with by a Tribunal/Labour Court in case a dispute is referred to it for adjudication, unless the Trib~l1al/Labour Court f Ln d s the p'uri i s hrn= rv t: shockingly disproportionate to the rn.i sc orrru o t committed by the w o r krn an or w he n the

employer I s action smacks of v Lo t i.m.i s a t Lon or malafide or unfair labour practice.

.i v ) Conducting of a proper and valid enquiry by an employer c orid uc e s harmoni o o s an d he a L thy relationship between him an d thE wo r kru ari ,and as .s.uc h it serves 'fh e cause ,Df industrial peace.' ;

v) An employer w.i Ll, also escape t h e charges of having acted arbitrarily or ~alafjde if he c on du c t s a pr-ope r and valid enbuiry.

1,1.

4.0 CONSEQUENCES OF, NOT HOLDING A DOMESTIC ENQUIRY"

4.1 Failure to holdtth enquiry be f or e punishing, a workman does not, ipso facto, render the action of the employer as illegal. Irl ~tich a case, if a ~{~pufe is

·referred for a d ju.d.i.c a t Lon to a 'I'r-Lbun a Ly'Lab-our- {,Court, an employer can for the'"I'irst time adduce e v.Lderrce

b e f' o r-e the Tribunal jus'tifyirig his action and the Tribunal after considering theevidenc eadduc ed. before it, wi.Ll, decide itself '",hether the' c ha r g.e.s

has been estahlished and w he t he r' the action of tih e employer is justified {1).

( 1) S.C. in Delhi Cloth & General Mills Ltd Vs • 'Lunch Hudh Singh ~ 1972. I LLJ p. 180

••• 4

If', hm",ever, a pr o p e r' enquiry has been conducted by an employer and th: f Ln d i.n g s aTe based on the evidence [J(~(1ucec1 berore t h o Enquiry Of'f Lc e r , the Tribunal, ·even though it has power to diller from the f'indings arrived at by the Enquiry Orricer, in view or the enactment 01 Section l1-A of the Industrial Lisputes Act, wd Ll, have to give every cogent reason for not accepting the fincings of' the Enquiry Olficer~

5.0 NATURE OF A DOMESTIC ENQUIRY

5.1 A domestic en qu Lr y is not' in the nature of a trial before a court of 1a'>I. Indian Evidence Act has no application to domestic en.quiries. But this does not mean that proceedings in a domestic enquiry Can be held in an arbitrary manner. Rules of natural justice mu s t be ob se'r-v e d ,

5.2 It has been recognised that the persons appointed to hol~ d ome s t Lo cnquiries are .ri ot trained Lnwye r s and as such the validity of the proceedings has to be decided not on techniCalities but on broad considerations as to wh e t h e r- the requirement s of natural justice h av e been satisfied. (1 )

5.3 Since the domestic enquiries are notip the nature of' judicial trials, it is advisable to a'void the use of expressions like 'delinquent', 'accused!, 'prosecution 'vi t n e s s ! , etc. Instead expressions like "wor-kman charged", w Lt n e s s in support of. the chargetl, etc. should be used.

6.0 PRELIMIN . ..\RY ENQ_lJIRY _. rrs, NECES~ITY AND SCOPE

6.1 Not seldom considerable effort is made in holding a preliminary enquiry before issuing a charge sheet.

It may, h owe v e r"; be clearly understood that a prelim;inary enquiry is no s ub s t L tute for a regular and proper dome s t i.c enquiry. The purpose of a preliminary enquiry is merely to collect material to ascertain

whe.t he r- a prima facie case exists f'or issuing a chacgesheet: Since the object .of" a preliminary enquiry Ls a very limited one, it is not necessary that the sam~ should be 'held in the presence of' the w o r kmari concerned or that statements should be recorded of the wor knan

.concerned ·G\h.d/or witne'sses.

(l) S.C. in TELco Ltd v«. Prasad S.G .. and another 1969 II LLJ p. 799 at, 809.

(I

It h<1'3 been held that there is no \":,rr(illt lor the

c r r onc ou s irnpre,"sion t11,"(: ('v('ry (~:Lsciplin;lry proceeding must consist of 1;\"0 e n q u i.r doe , ori: b o for-o issuing show Cause notice to be, f o Ll.ow c d hy .m o t h o r- '.'Ylquiry (1).

6.2 khere, therefore, suf:ficient ma t e r io I ieo av a i Lab Le and a prima f';.tcie C;:,SC' c x i a t s for is::i,;i_ng ;\ cf>;l.rg'c-sheet, there is no necessity ~o~ wasting time in holding a preliminary enquiry. FErther, it i:c; a b s o Lu t eLy unnecessary and a mere Ivaste of time to issue a "sh01ll cause notice" to a workman, as in .i n d u s t r-Ln I, parlance the "shmv Cause notice" does not have a nn r-r-ow e r concept than a charge-sheet. It is, t h e r-o f o r-o , advisable to dispense w i, t h issuing of a s h ow cause notice as a preliminary step to issuing a charge-sheet and

wh e r e av s r- a prima facie case exists, and sufficient and reliable facts for framing a charge are available, a charge-sheet should straight away be issued to the

w o r krnan concerned.

6.3 The purpose of preliminary enquiry as stated above is merely to see whether there is a prima racie case ~or issuing a Charge-sheet to a workman. Failure to produce the preliminary report at the enquiry on .he strength of wh l c h the charges against the workman are made would not vitiate the en(~iry where such a p~eliminary report does not form part of the evidenc3 before t he Enquiry Oflic er (2). F'ur ther, the En qu i.r y Officer cannot rely upon the record of preliminary enquiry unless it is tendered be~ore him as a part of evidenc e and the 1vO r km ar; eh ,lrgeci is given full o pp o r-t u-, nity to cross-examine the w.it n e s s through whom such record of preliminary enquiry is tendered an d also the witnesses who had deposed at the preliminary enqairy. Since it is not necessary to tender record of preliminary enquiry at the formal enquiry, the same s h oti Ld normally be avoid eel unle 5S i tbec orne s ab s o Lut e::'y necessary.

7.0 ST,;\GES OF DO!vlESTIC ENQUIRY

7.1 It has been held that an enquiry cannot be said to have been properly held unless the f'o Ll.ow i n g stages in conducting the enquiry 'have been fully adopted;

i) the employee proceeded against has been informed clearly of the charges levell~d-again~.t him;

1. S.C.in Shadi Lal Gupta v«. State of Punjab, 1973 I LLJ p. 435

2. S.C. in Tata Engineering & 'Locomotive Co Ltd Vs.

Prasad SC and an othe r 1969, II LLj p , 799.

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i i) at J_ ~-'" J : (i \J .. :_ X-' -.Y, "\.: ~!_ -: ~_~ . "' •. c __ ' r, - • ~:: i ~ n e \:; fJ =~ (~_'-_ .

narily in ~;11o prC'~;0~lce c'" U',? h'orkmar char~~er\ in r-o s p c c t of l.,j),~ C::il~G?:;;

iii) the w o r krann ch;)rGcd 5.5 V0Y! a f'a';_:;.~ opportu-

ni ty to c r 0 s s 'ex ;~l':Ji;}e e a ch 01 t h o IV i.:: ," c; "'; :,_,-,

support of the ~~n~ges;

i~) the workmnn charged is given n fair opportunit to o x arrrin e \,!iL1(~:'s::::5 ::_nrcluding h i.ms o Lf j-l Ce·, fence i:f he sO ,,,:i:::!:9 s on an y relevant matter

v) the enquiry o~ficer records his findings wit~ reasons :for the ::<:IYe in his report (1).

7.2 The stages in o on d uc t Lng a domestic enc:uiry'ls O'1U;:,,(, rated above w i L'L n ow be rliscussed s e pa.r-a te Ly a~l.c1 i;'l detail.

8.0 ISSUE OF ,A CHAPGE-SHE1-:'~'

8.1 The fLr s t stage in a domesd'c'enqvir'r L: the :'~c-;sue

a ch r-r-ge sheet. The ohject of this r\'(~"l~eli1cr,t J.:-. that the workman cl1ar:,;co mu s t k .. 110\"; i','~";':: t:t~ :i" cha:r;; w i, th and have the ampt os t o pp or=t un i.t y "GO 'ceet ,~uch charges and to d e f ori d h Lm.s e Lf' by :'.~iv'in;'r, a prnp(jr e_:-planation af'ter kn01\,i_ng the n nt.u'r c: o f ;~:r:e o f f e n c s with which he is charGed(:).

The charge-'Sl--lcet, ~"_e~:'e10r0. D,::;,'Olicsthe" b "is of' iiJS

":';Ilql:.ii'V aI.I..\-: <:}=_~~. s-..._..os2t.l,_t·2r: (-t-'J_'~::';,,: .t"'u":;~; <...111 r-,_;_~. ;.)

be s t r Lc t Ly c0nf':1_nec' to '::;ho ::::t:.D'~"G2;3 as s,c;t out in t"?_c charge-sheet. R;:;YcO''TCr, t he fi;-'c2 actior: 11as also to be based on +h c ch;:;.rge~-; LC0 c>:;t 0'0,1: in t.ho choJ.~ge-shee;' issued to the ,"c:,_~ksaL and 0". rvo o t he r- C;:r";un(lc:(~\

:\ charge-sher;'tsnoulc' s_;Jc~jf:::(;c;.11y so-:_: out all the charges wh Lc h v t h e w o r km nn is c a Ll.o d u p ori rt o meet z,nc' should also s t a t e all rel '.::v;t:.;t particulars as to t11':' date, t i.mo and place o f' oc cur-en c e etc. Since charges must be clear, p.r e c Ls e and accurate, care should b,," taken to avoid using high s o und Ln g w or d s , verbiage loose expressions. It ha~ been hoid ~hat if~tlie

S.C. in$ur Enamel & Stamping lIorks Ltd'. Vs. their

workmen, 1963, II LLJ P. 367 " ! ..

S.G. in Mr. Zaikh Vs. Firestone Tyre GL1'}dRubbor 80 Lt, and another 1954 I LLJ .p , 281

j S~C. in Laxrn i.dev L Sugar j\lills Ltd \75. :0Tandl(isllcr.? Silj. 1956, II LLJ n- i{39,...443

ar e imprecise an d indefinite, the person chnrged w o u Ld

. (j

not be n.ble to understn.nd them and dOlcncl himsell

e ff e c t Lv e Lv nnd consequently s'u c h ;lD "nquiry w o u Ld not be a lair and just enquiry.(l)

(Dra1t - No.1 01 the Charge-sheet enclosed)

:1.0 v,HO Cc\N ISSUE A CHARGE-SHEE'T

9.1 Cert ilied Standing Orders should be looked u p t o as .... certain wh e t h e r- there is any pr.ovision prescribing an au t h o r-Lt y wh o C()J1 sign a charge-sheet. vihere the Standing Orders do not make such a provision, a chargesheet can be signed either by the General Nanager or

()J1Y other Oflicer including a De p ar t men tal Head. How-. ever , it is preferred t ha t the Gener a L Na.'1 ager / Agen t should sign the charge- shee t b o c au s e any dis c iplinary action is likely to have its repercussions ,and he shOUld therefore be aware 01 the fact that disciplinary proceedings are being initiated. It mny, however, be pointed ou t that who r e the St ate /C<m tral Governmen t Rules framed un d e r the Factories A(th1:l.nes Act, prohibit a 'Welfare Officer' from associating himself

with disciplinary actions, strict Care should be taken to ensure that he does not sign.th(~ Charge-sheet or

any document connected with thecharge-·sheet etc. However, he is not precluded from giving evidence as a witness at the enquiry,

10,,0 HODE OF SERVICE OF CH.ARGE- SHEET

10 .. 1 Certified Stand ing Orders should be perused to find out whether. they loy d own any mode for the servi.ce of chargesheet. ~here the mode of service is prescribed by the Standing Orders, the sa:m2 mu s t be s t r Lc t Lv

fo LLow ed , 1{here h owe v e r , the Standing Or d e r s do n o t

lay down any mode of service of a charge-sheet, -:;hen the following steps for serving a charge-sheet should be taken:

i) The charge-sheet should normally be d e LLv e r-e d through hand delivery by obtaining an ac~nmvledgement of the wo r-kmari ,

ii) Wbere the workman refuses to accept t h c chargesheet a noteto that effect must be made in the d e L'i.v e r-y book by the persons who delivered the charge-sheet indicating -:;he date

.1. S.C. in NorthernrHailway Co,....op.Credit Society Ltd. Vs.

Industrial Tribunal ,Jaipur.,; :1967, IILLJ p, 46

b) Allahabad High Court in· J1\. Cot ,ton 'Spinning & We.aving Nills Co Ltd , , and Jagannath, se ate of UP and others 1963 I LLJ p •. 475& l~77'.

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/PL/1921JI

he attempted to deliver t h o charcc;-:.;heet and the 'YOrkr.1UTI r-e f u s e d to accept it ari d P1C said entry

s h o'u Ld be s i gn c c' by him. At the enquiry the evidence of th6 said person who hud gone to deliver the charge-sheet should be rec6rded and he shopld also tonder the pepn book with the relevunt entry as documentary Gvidence in support of his statement.

\

_iii) "/here the w n r-km nri refuses t o va c c o p t the ch argesheet the same should be sent to hirnoy Hegistered AID post at the local address as recorded with the Company and a copy thereof may also be sent by Registered' AID post at the last recorded permanen t address of the w o r-kman a10ng'vith a covering

I

letter stating the fact of his having refused to

accept the ch ar g e-r s'he e t when it w a s sough to be delivered through hand delivery. If the charge sheet sent by Registered Aid is also returned by th e Post al Autho:ti fie s w L th t h e remarks that the charge-sheeted w o r-kmari has refused t o 'accept the registered cover, the charge-sheet in question shall be deemed in Law to have been served on the charge- shee t ed w o r-Icmnn , Ivhore, h ow cv e r , the registered cover is returned by the Postal

Au t h o r-Lt a cs ''lith 't he remarks such as "Ad d r e s s e o

not found 11 II ;.\cdressee not met ", Ad-:'tressee left

without any ad d re a s ?", o t.c-; it w ou Ld be necessary to effect s ub s t Lt u t e d s e.nv.i.c e b y pibLd sh Lng the charge-sheet in some n e w s pa pe r' in;he regional language"i th a __ .. ide cd r-cu La ti.on Ln your state (1) • Such p ub La c a t Lon should also ini'imate the date, place and time e t c , , of the enquir-.: as this w ou Ld obviat e the neeel fo~ publishing f'ur t h e r no tic e regarding holding of enq~iry.

11 .0

-SUSPENSION PENDING Ei"JQUIRY

11 • 1

. r . _ _ '

A tt Lme s , it .mi gh t be advisable t osu~pend a ivor~~man

simultaneously 1~ith the ~i'ssue of ach2rgesheet as a measure of security or in the interest of the company oremployee~~n general. However, it ~s necessary to kn ow wh e t.h e r- an employer has .a right "0 suspend his wor-kmerrrpen d.Lrtg enquiry. ·It has been held that the power to suspend, .i.n the giC,nSe of a right to· forbid

a workman to ,;;ork, is not-an implied term and condition of contract of s e r'vfc c" and that such. a power

1. S.C. in Bata Shoe Co (p) LtG. v«. Ganguli (L.N.) and others 1961 I LLJ p. JOJ

can only be the creature either of statute or of an expressed term in the contrZlct itself. Therefore, in the absence of such an c x p r e S5 p ow e r: under s t an d Lrrg order~; or contract of service, the o mp Loy cr' w ou Ld

h av o no right to ~"1STH'ncl <l w or-kmnn and whe r e he does so, he w i L'l J1aVe t o pay Cull ,,,;)CS during the period of suspension( 1) .

11.2 The Certified Standing Orders s h ou Ld therefore be

e x arn i.n e d to a s c e r t o I n w h e t h e r' a right to suspend a workman w i t h ou t ,.,rages or on payment of subsistence

a Ll.ow an c e pending an e n qu i r-y exi s t s , khere the Standing Orders do not provide such a right, the 1vorkman can nevertheless be suspended pending enquiry,

but he will have to be paid full wages for ~he period of suspension pending enquiry, Some Standing Orders limit the period of suspension pending enquiry to 4 days or 10 days. In such cases the period of suspension pending enquiry beyond t ne 'stipulated period w i Ll, rank for full wages.

11.3 Sometimes the w or k man allege that the s u s pe n s Lon pending enquiry shows the employer is already prejudiced or biased against them or that such ?uspension pending enquiry tantamount s to pu n i sb men t , Such allegations have no substance and have been nega-

tived by the supreme court(2).

"1 (at; S.C. in Hotel Imperial ,New Delhi and Others Vs.

Hotel liorkers Union ,I 959 II LLJ p , S4lt

(b) S,C. in T. Cajee v «, Jormanik Siem 1961 II LLJ p , 652

(c) S.C. in H.P. Kapur Vs. Union of India 19~6:

II LLJ p , 164

(d)

S.c. in Balivantrai R Patel Vs. State of H8harashtra 19~8 II LLJ p. 700,

(e) s .c . in V.P. Gindronia (If; State of l'LP. and othETs 1970, II LLJ p ~ 1 It 3

2(a)

S.C. in Lax i.d e v i, Sugar Hills Vs, Rarn sw ar-u p ane others 1957, I LLJ p. 17

S.c. in Doom Doom Tea Co Ltd. Vs.Assam Chah Karmachari Sangh and others 1960 II LLJ p. 56

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Cri s o s h nv e come to light wh e r e w o r-kmon w h o are suspended pending enquiry d01ibcrat(;ly 1eavc the stat:ion w i f h ou t any p o r-m i s s i. on 'vi t 11 a v .i c w to avoid r e eei ving c otnmunication acldress0d to t b e m ,It their local ac1circssps regarding intinntion or enquiry, etc., and thereby ~talling the enquiry. It is, therefore, desirable that wh i.Lo s u s pe nd i n g a w o r k.m a n pending an enquiry, he should also be .i.nf or-mo c' that he 'shall not leave s t a t i on without express po r-m i s s i.on in ,vriting. In case the wo r k.mnrr desires to leave station, the suspension order may be revoked for the period of absence desired by him so

. that he need not be paid ,vages/subsistence a Ll.o w an c e fo~ the period or his absence. However, as soon as the w o r-k mrm reports b ack , a fresh order of suspension can th~n be issued to him. It may, howev~rj be emph~sised that wh e r-e a w o r-kmari is suspended pending enquiry, all efforts should be made to complete the enquiry at the earliest.

12.0 WRITTEN EXPLAN AT rON TO THE CHARGESHEET

12.1 Some standing orclers,presc,ribe a minimum time wh i.ch an employer must give to a w o r k man for submission or his written explanation to the chargesheet issued t o him. Where such a provisionexlsts in the Standing Orders , the same should be complied w i.t h ; ;11here such a' pr o.. vision in the Standing O~:,dors cloe not exist, t wo or three days time or e~en ~ore as qay b~ cnDsiderecl rail' and reasonable in 8 a c h case may be giyen .'for S,ubmission of the wr Lt t.e n explanation. If, hmveverthe

wr L t t e n e x p Lari a t a ori :is not .s ubm.i. t ted \vi thin the specified time, another opportunity may b~ give~ to the

w o r krnan to subm:i,t his w r i.t t e n ex p Lan a t i.on though, strictly speaking, an employer is not b8und to do so. l{here a request is received f r om the' \·;orlzmanfor extension of time lor submission of' his wr i t t en explanation, a reasonable ext en s Lon of time should be

a L'l.o w e d , What would be reasonable b i.me vwouLd depend upon ·the circumstances of each case. 3'or example ""here a w o r-km an is seriously .i Ld. perhaps an extension of

time of one month or even ;more wouid ~e considered reasonable.

12.2 Lf' , in th e wri tt en explanati on, the wo rkm an doe s not admit' the charge an enquiry shall have to be rlt~ld; YEven ,,,here the'\"orkrr:an adtlIitsthe charges in his wr Lt t an explanation ) it \Yonik still be~;dvisable. .t o .. hold, a' formal enquiry and. have the ad~iss{on of!.';tp,e w o r'kman confirmed before an enquiry officer to avoid the possibility of the w or-kman alleging later on that his admission/was secured under coercion, threat or undue

· ,

influcnce ct c , , or even clenyin(; t h a t he gave any w ri. t t o n o x p La n a t Lo n Ol' t h a t the siGn~\tL1rcs on the written explcln;ltionl,;ere 110t hi s, •

13.1 Before all. enquiry c onnon c e e , the charge-sheeted

w o r kman is required to'be Lrif o r mc d <\'loUt tho late, time and place of enguiry and also the name uf the Enquiry Officer w.i t h his d o s i.g n a t i.o n , This is done by .i s s u i ng c\ letter ')1 .i n t Lma t Lon of enquiry. A draft letter of the intim;3tion of enquiry is

at t e ch od , (Draft No.2)

13.2 For serving the letter of intimation of Enquiry to the charge-sheeted "workman the same procedure as outlined herein above for serving the chargesheet should be followed.

13.3 Where it is considered necessary to complete the enquiry expenditiously, the chargesheet itself can contain the intimation of o nq u a-r y , It is pa;t:'ticu~ larly advisable to folloH such a course where a workman is suspended pending enquiry or who r o it

is reasonably ap p r oh ond cd that the w orkman concerned is likely to r cf u.s oct o accept the charge-sheet/intimation of enquiry. (Sec Draft No.1)

1 J. 4 ,,"hile fixing the date and time of. enquiry it should be ensured ttl a t a -reasonable noti co of enquiry is

gi von to tho w o r lcma n as failure to (lOS 0 m8Y, in certain circumstances, render the enquiry invalid. For instance, whero a. wo r kman HGS intirna:tedin the morning that the enquiry would be held ~n the afternoon of the sa.me day, and whero his request for adjournment of the enquiry on the ground that sufficient notice had not been given to him to

orrab Le him to prepare his defence and to bring

his w Lt ne s s c s , w a s v n o t -a c c ep t ed by the Enquiry Officer, the ex-parte enquiry c o nd uo t ed by the Enquiry Offi c e r und er such cir cumstance s w a s

held to be improper (1)

(1) Mad r a s High. Court in K -Pa Larri Vs. Supdt Engineer, Vellore Electricity Sys~em - 33 FJR 43.

14.0 \>lBO SHOULD HOLD THE El\'QUIRY €I

The rules of na t ur a L jllstice requires t.hat person

h o Ldi ng a domestic enquiry sh ou Ld be 2. person with an open 'mind wh i.c h J..;:~ not biased ag~:linst the chargesbceted workman as opinions grounded on prejudice are always sustained with the greatest

of v i a Lo n c o because a -pr c j ud i c cd .h o ld him. (1) since the domestic c nq u i.r Lc srnu s t be fairly conducted according to the principles of natural justice, considerations of fair play and natural justice must therefore govern the co nd u c t of the Enquiry Officer. Broadly speaking rules of natural justice require (2) that the per son h o Ldi, ng an enquiry -

(a) should not himself be pe~sonnaly interested in tho disputed misconduct;

<. b) should not be bias cd Ln favour or agai nst e\ither of t he parties b o c aus e 'any' kind of .b i.a s is bound b o bring partiality and lackot' ob j e c t Lv it y ;'

(c) should not have pre-judged the issue;

Calcutta High. Court in All India Spring fIfg. Co. Vs. Itsworkmon 1962 I LLJ p.J2I~ & J27

(a) S.C. in Kalyani (P.H. Vs. Air France, Calcutta 196J I LLJ p.679

(b) S.C. in Meenglas Tea Estate Vs. Its workmen 1963 II LLJ p.J92

~(b) S.C. in A.C.C. Limited Vs. their workmen 1 96 J II LLJ p , J 96

(d) S.C. in Lambabari Te~Estate ys~ its workmen 1966 II LLJ p.315

S. C. in A ndhra Scientific Co. Vs. 1 961 II LLJ p ~11 7

Seshagiri Rao

(f) Ke r a La High Court in S. Krishnan Nair V s , Divisional Supdt., Southern Rail ays, Olavakodc, 1972 II LLJ p.288.

(d) shu(ltxld not lower himself to the status of a

p r os e cut or nor should he feel that it is a par t of his function to some how bri~~ the guilt home against the char go- sheet cd .vorkmanat any cost:

(e) he must act \·iith a o ct a chme rrt 01' a judge since he is professing to exercise t h at disgmfiecl functi on;

(r ) h e should not be an eye witncs50r a victim of the incident bcca~se in sudhan event he himself shall be required ~o giVe dviddnce as a witness in the o nq uir y ;

(g) he should not import his pdrs6nal kriowledge on any matter connccted with tho enquiry but must c o nf Lne h l ms e Lf' to thc ovid cn c e both oral and documentary led before him.

14.2 It has been h e Ld th3t domestic enquiries conducted by the employers are of a quasi ju~ic~al natqro and it is therefore of utmost .i.rnp o.r t en c., t i a t such enquirios should be conducted in a manner so as to inspire confidence in the impartiality: of the Enquiry Officer. (1) It, h ow ev o r . does not mean that officers of the employer are dobarred~rom~~L_ holding such enquiries. It is w e Ll, kno.wn that

the domestic enquiries are generally c orid u o t cd

by the officers of the employer .a nd in the

absence of any special individuo.l b i.a s a tt r i b ut ab l.e to a particular- o.t' f Lc e r , it has n.cver been hold t h at tho enquiry is b a d jllst b e c airs o it is co nd uc t cd by an officer of the em~loyer.(2); It, has also boen hold that even a lawyer who is paid remuner3tion

by an employer w ou Ld be competent t o hold an

e nq u.i r y .(3). .

\

( 1) Labour appe.lJ.at 0 Tribanal in Iv estern Lnd i, a Hat ell Co. Ltd., and Parthaeai'athy, 19'55, I LLJ p.151.

(2) S.C. in DCHLimited and Labour Court •. 1'is.Hazar::. 1.970 I LLJ p. 23.

(3). S.c. in Saran Motors (Pvt.) Ltd. Dc Lhi, and Vti ahw aria t h & another, 1964 II LLJ p.139.

1 5.0

1 :>. 1

16.0

.16.1

HIGHT OF REPRESENT J\TION BY TIm GHA1<G.G-.3HEETED 1WHIG-IAN

//

AT THE EN(i,UIRY a

. (>:f'ten. a chnrgc-sl1eet;ecl w o r krnan r cq n e s t s L h a t h o may be permitted to be assisted by an office bearer of

the T)ni(>l1 or anv other person of his ch o i c e at the I

enquiry. Ii; nay be pointed. out that a charge-sheeted /

workman has n c r:'ght to be represented' by a Union I

r epr e s .. o n t a t i v c .. D~' any, ':It!lC:!'.,repr:csent.'.lti:'C of }ll.'S /

choice unless . s uch a rlght a s g i.v e n to h i m und crr

the contract o f service or under t 11e $tancJing Orders

or there is a pr;-;'e;ticc to effect in that establishment. Accordingly, r efu s a L to concede each a request would ( not vitiate the.'onquiry.(lt) Howe v e r , an employer. ! may in his disc:otion allow such a rcqu6st of the

w or kman •. At most of our works there is a practice Ii of ?lllow:i.ng. <:teo-worker e i, t ho r working in the s am e I:

d c p a r t.me rrt or 'in the e s t; ab Ld.shme rrt to T9I)TCSCllt t h e !;

chargG-sheeted. wo r k a n at the enquiry, 1'his practit:c/ should continue.!

/

. . ' " '

Wilon tho cnqu'ir y c omvie n the Eriq u i r y Officer sh cu Ld

record the date and t~me of tho enquiry, prossenc~

of the charge-sheeted \VOrkITIan. The EnquiryOffic?F' should the~ rea~ outthGchar~o-sheet to the w6rk,ln and also h1S WI' 1 tt en cxp La na t .i orr ,i..\t1d shClulrlct..ak..o.0--,_c_

both the d o c umc n t s j rchaTI?'Gsheet and t Iro writt'on· ) ----~

e x p Lan a t i. on o n i r e co r-d and ask the workman char gce

whether headmi t s nh o rch a'r ge s or not. "I1hore thQ I

workman admit s the charges, tho admission of t.h o ']

charges' in ··t o t o should he .r o cn r d cd c In s u ch a

case, t.h er e will be no nc c o s s i.t y forpl'oceoding

further wi til t he enquiry as, in the :f\1.CO of' tho .

said admission any further enquiry is redundant. 1)

If, however, the work8an does not admit tho 6harps,

ev i.d enc e of the w it nc s s e s in support of' the char ge s

should be r-o c o r d cd CDC by one in the p n e s cn ce of 'he

c h a r g e eh e e't ed workman. .After recording. the st;ate,e~t

of ea chvw Lt.noss in support of the cha r g ed , tho \

chargBsheot~d workman and/ or his repre~ontativc

shou.ld be a s k od to ,cr03s':'oxamino the said w.i t ne s s rs , (1) '{here the ch a r g c sh e e t cd workman does not Hish, to t'; cross-examine, a note to that effect should bq recorded. by tih e Enquiry Of f Lcez-., l1hen theevi<dol1.(o

of a particular wi l:;ness. ip.s upp or t of the charge :is

--------------------~

Vs. TELCO 1960 II LLJ p.228 India Ltd. Vs. Subbararnan 196

(4) (a) (b)

S • C • InK ali nd iN. S.C. in Broke Bond II LLJ p s " 417

(1) G.O. in Central Bank of India Ltd. Vs. I\:urunamcy Banerjee, 1967 II LLJ p. 739.

"

bding recorded b~fore thc Enquiry Officer, care

w h o u Ld be taken t. ha t a Ll, other mat cri a L w i t no s s e s in Sl1PPl}ytoflli.c charges should not remain prcscnt in the Enquiry Officer r s room. It is ma n i f e s t

that the purpose of cross-ex;::min;:~Li.()H~lvoulcl be set at n a ugh t if al.L-i:tt-e:::_wi tr!.9J3.3eS--Zl'~'C pr e s o nt . at-thc spot of the enquiry dllI'llig the entire n o r iort t.h a t

t he enquiry takes _plac e. Hold ing of 2\:1 o nq u iry

in such a manner would result in miscarriage of justice and v l t i a t e the enquiry.(2)

16~-~ After the statements (f the witnesses in support of the charges a r c completed, the Enquiry Officer should then ask the chargesheeted workman that having regard to the evidence of the witnesses in support of the charges dues be admit the charges

Or not, If the ch a r g c s h e e t e d workman at that

stage admits the charges. a statement to that effect should be recorded and the enquiry can

then he concluded. If, however, the charge-sheeted workman does not admit the charges. he should be asked to give his s t at.e.n o n t in clej ancc and thereafter he should be asked to produce his witnesses one by one on whose Gvidence he relies in his defence. The Enquiry Officer can ask the cha~gesheeted workman and/or his witnesses questions in clarification which should be based only on the

material already before him and n ot by importing

his personal knowledge. Such questions, as stated above, should b o only in the nature of clarification ~nd not by way of 8rGs~-examination because it is

no~ the duty of ~n Enquiry officer to cross-examine any witness since it is only a nrosecutor ~ho can cross +e x am.i ne the wi t ncs s e s ,» I1herr.' the Enq u Lr' y Officer asks a ny quest ions in cla:r~'_fi:c:1·ti on from thcwitnesses in support cf the charges after they have been duly c r o s s cxam i.n c d vb y the cJ!arge:-sheeted workman, a further opport un L t y should be given to

the cha.r g e= stic e tcd workman to cross-examine the witness to avoid any allegation in future that the charge-sheeted workman was' not given fair opport unities to cro~s-examine the witness in support of the charges .o n the additional material elicited through such questioning by the Enquiry Officer.

(1) (a)

s.c. in Kardah & Co.Ltd., Vs. its workmen II LLJp.452

16. J 1\t the end or tile t a t cmc n t of' c a ch wi t n o s s , the

ch a r g e s n c c t eel wo r k x a n and the c o n c o r nod wi, tness s h o u Ld "

be n s k.o cl tc, I:() thr()ll[~ll :it a nd t h o rc afto r sign. ""here the statements arc recorded in a language other than tile: langl1,\CC u nd o r st 0 od hy the c ha r g o sh eet cd workman the same should be t r a ns La t.o d to him in the language understood by him and a n o t c to that effect stating that the s t a t c mc.n t or the witness has b o c n read over and o xp La .i no d to the c Ila:-gesheet cd w o r krna n and \v110 admits that the same has been correctly recorded be made and t.h or c af't e r the wo r k m an should be a sk o d to sign. Wh ere a c1wrg0shcei;ed workman refuses to sign, a note to that effect should be recorded by the Enquiry Officer.

1 ,.4 There arc tlvo systems of h.o Ld ing an enquiry; one in

w h i.ch a representative of t'lO employer of 't h o GOl!Jplain~ ant himself after giving h i.e own e v i.d once at the

o ornmo n .. c eme rrt .. of the enquiry ~eprescnts the case

b e f o r o the Enquiry Officer ard remains present throughout the onquiry and t ac o s all steps in examin~ ing the w i t no s s e o in support c f the charges and also cross-examine the witne~ses indefOnce. The second system is that there is tloone who represents the employer at the enquiry b u t t hc c ornp Lad.rrt a rrt p r-e s e rrt e himself bo f o.r e the Enquiry Officer and after giving

his ov i.d en c c at the enquiry goes aw a y and the other witnosses in support of the charges come one by one before the Enquiry Officer for g~ving their statements. After the evidence of the witnesses in support of the charges is c?ncluded, th~ chargesheeted workman then gives his own st at emcrrt and t:'er,caft or p r od u c o s w i.t > ness8S in d efe nc e , It has b e e n a o c ep t od by industrial adjudication that3ince a id o mes t Lc enquiry is a fact finding enquiry, it is not necessary that some one on behalf of the employer should aft as a !presecutor'

by examining tho witnesses in 4~pport of the charges and by cross examining the d ef en co Lw i.t no s s e s , An Enquiry Of'f' Lc e r can ask questions in clarification

from the w i.t.rio s s e e including the lfJ,efence witnesses. In the latter system, there is no vwa r r arrt for the criticism that the Enquiry Officer acted both as

the pr o c'e cut.or' and the .j ud g o because no officer

w a s: PI' o s errt .s ep ar-a't e ly for conducti ng the p r e a e c u> tion or the side of the rna nag ene nt , (1) Since the latter system of holding the enquiry is generally :followed at our 1forks! the s ame may cont Lnue to be

followed: ..

(1) S. C. in Iforkmen of Buckingham and Carnatic lUlls Had r a s and Buckin~ham & Carnatic MillsJ Madras '70 I LLJ p.26.

,,6.'5 Sometimes the churge-sl1ee;:;ed w o r kma n' i!lsks the

Enquiry Officer tn a r ra nz;e for producing Hitnesses

who may either be companj'S employees or outsiders.

In this connection it mr y be pointed out that tho Enquiry Officer has no Dowers, as a Court, to summon ~itnosses nor can he conpel an employer to produce

w L't n o s s e s , At; tho cnq!iir,y, t h c r cf'o re , both the employer and tho 1"orklran charged arc required to produce their respect:vc witnesses and t~ take steps in that d Lr c c t i on v t z ' Howev;}r, wh o r o any witness on whoso evidenco tho clargoshoetod workman rolies is on duty at the timo fix~d fat the ehquiry, he should be i'eleased from duty <o r giving evidence at the enquiry.

16.6

When any document ;;S produced at thcenquiry, the same should be s h ovn to the,. charge-sheotce] wo r kmari for inspo~t~onan6 afteY'reoordinganot6 in the

p r o c eod Lngsv't o that: effect the d ocumerrt should be

taken record. It has been held that where the ",~"

charge-sheeted workman was r e f u s ec ;inspeet~~any document tendered at tho enq:.liry,st'lch an enquiry

would be violative of' the p r Lnc i.p Le s of natural justice. tJ) Further, where a charge-sheeted wor-kman request s for giving him copies' of T;he' I' eeord of the enquiry, the same should b e+g i.v e n t o' him. Howe'vo r ,

wh e r e au ch a r' cq uo s t is m ad e at a very' Lat 0 'stage of of the enquiry and a copy of the procoedings i~ not

read ily available, t.he: ch a r g e-. sheeted worknansh'i\luld

be given an opportunity of taking inspoction of \he enquiry proceedings and should a:'sb be allowed tq make his own notesH' he GO d e s Lr e s , Lt 11a'5 'o oe n hel~ whero, tt:-eC,h~rge- s~eet ed wo~kl1lanmakS5 an ~tppli ca't,iQ,ll for glvll1g,hlm co p i e s of ev i.d en c e of the w i t ne s s e s., \"

examined at the enquiry, the enquiry "lill stand "\~

vitiated if the workman is nei-:;her given copies ~

'\

\

(2) S.C.'inTELCOLtch., V. prasttd'(S.C~Jand another 1969' II LLJ p. 799'

(3) (a) S. C. in Ke s o r am Cotton HUls Ltd. Vs , their workmen 1963 IIbLJp.J67

(c )9alcutt a High Court in Hcnvar'ahTr<!cling CO" (p ) Ltd.

V. F'ourthTndustrial Tribunal 1966IILLJp~282

(d ) Calcutta High Court in Di~e ct ~f Gcncra~of'P~st s & Telegr'aphs Va. Hajumda'r'1974 T~ LLJ p.44. :

:~ , • ;,' 7'

\ \

16.7

given an opportunity tu make copies hi~self.(l) However,where the request for the copy of tho o nq uir y PI' o co ed i nrc; s wa S mad c aft or t he or c1 or of

p u n Ls hmo nt w a s pass cel and communicat cd to tho w o r k ma n , failure to sUPl-,ly copies of tho enquiry p r o c c od Lng s wduld not viti~te th3 enquiry.

I

,

;

l

Adicurnmerrt : A charge-sheeted workman has no right t'C;-go-ol-i- asking for LS many ad jonrnmonts as h o liked. (2) How ov e r , ad jeur nn.c n t e may be grant eel or refused

at the u leer r- t: i on of the Enquiry Of!>i. co r bear ing il~ t • mind that a party is not rbfbscd reasonable opportunity to present his case, The mere i'aGt t}w t the Enquiry Officer had rofused to adjourn the ehquiry would ntit vitiate it unless tae grounds all w h i ch adjournment in disallowed is linreasonable. (3) Where, 110w o v e I' ,

ad journment is refused reasons for such refusal

should be clearlyre-;orded byt,he Euqu Lr y Officer e Further, the discretion to r e r us e a request for an' adjournment by thdEnquiry Officer should be judiciously exercised by h i.n: so that the ch2.rge~sheetcd, workman is not denied 2. fair anc1rcasonablo opportu~ nity to present his C2;5(;. 1,1here Such a discretion "

is not judiciously exerc:.sed by an Enquiry Officer,"

i·i_; would introduce a s e r i ous iafirmi t y in the e nqu i, ty arid the same would be held to be vi t iat eel 'and inval iil e

( 1)

Ex=.!:ar_!y en9.::!irx.~ l{here .i.n sp i te of op p o r-t u n.i ties \ having been given, a ch ar g c sb.c e t cd wo r krna n fails, \ to attend the enquiry or where. he deliberatelv with- \

- "

d r aw,« f r o m -t h o e nq u i.r y , '\. note to that e::ff '-:' c t should .

should be recorded in thep:r:oceedings but the: enquir/ Shollidbe proceeded and completed ex-parte by rocordi~ the evidence of the witnbsses in support of the charges. (2) Evidence should first be led before

the Enquiry Officer to satisfy him that the no t Lc e

of enquiry had been duly served upon the ch ar-g c sh e e t ed

wo r kman va nd in spite of this he had fai led to '

attend the enquiry. The p e i.o n or any other p e r s o n .

n

( 1 )

, .

Gujarat High Court in C.B. Pandey Vs. E. S. 1.

1973ILLJ p , 585 ..

Corporat

(2 )

,

S.C. in Tata of! Hills Co. Ltd. ~ Vs. its wo r-krne n 1964 II LLJ page 113.

S.C. in J .• K. Cotton & Spinning Go. L't d ; , Vs. its wo r kme n 1965 II LLJ page 153

S.C. in Delhi Cloth and General HiilsLtel., Vs. the Vir Siaph .'97 2 I LW·Page 201.

( 1 )

person w h o w a s clcqut:e(:;o ';;(·:;::')e ',h'c; notice ox enquiry should be 8_X"'n!c~n::~( .,8.t:::!>'1.8 "f'cOTj Boc;;: should

be o r od u c cd t(> sat-i."':"j·;,tl(; }'rr,-c'i-"" (r'---'-ir';"~, "b~-tt: t~1.e

1" _ .. _- ... ~.~ -, _---- j ..J; __ " .-_ ' ..... -' L l~ .. -, L" -

notice of enquiry l"a~' b e o n rll_11] 3-2r-'-':!~;" \'hc:~o notice of enquiry is s o nt tLc-'L1i.c/. 1 8(;:i " ~_>'(;:' I .• 1::-;" ~ost or publi cat ion done in the r.0\"[:p8~Y~':>~, !:",L'.Ci., r_"ic-:;nce

should be led, c o thai: 'J2.~-e(~ c n etl ,~l e .. v id e nc e the

Enquir y Offi o c.r s h o u Lo just :Li'L:,'>y iY'_-' :-,(.8eo ",ri t!1. the enquiry cx p a r t e ,

16 e 9 £2~E2~.:h:t~ En9,~iE.Y l~he:C'emoro\:;lLl,n o ne VOricl!1an is

involved in the s e.mo incident I 2, c on.p o s Lt o cha r g c sh ec t to all the workmen conc0rncd ~hould be issued detailing the individual part pl~yed by each of them in the incident. In such an' cv errc , ~_t is ai.s o necessary

that a common enquiry is also held in the nresence

of all t.h e oh a r-g es h o e t e d w or-kru e n , j,t such a n enquiry the Enquiry Cfficershould give" each of t ho sl1.arge-, sheet ed ,

17e1

Workmen an opportunity separately to cross~examin8 each of the witnessos in support of the charges. After the cv Ld.cn c c is Gonclud ad in s upp or t of the charges then each of the chargeshee~8d workuan should be asked to give h~3 own st~tement and ther8~I~~r produee his witnesses in d8fence~

REPORT AND FINDINGS OF THE ENQUIHY OIi'FICE:2

_________ .;.,_ _..... ~- ... _. ~~. ~_'_.i>d

Industrial Ad judicatio\! ac t a ch o s c o n s Ld e r e.b Le Lrnp o r » tance to the domestic enquiries and the conclusions reached at thS end of such enquirie~. 'This neCG-

s sari ly pas t ulat es thed; a f t or ,;b.c C::J.q_:JLcy is COID-

p Le tcd the s ame Houle] b o 2ull(C"iod ty t h e report and fi nd i ng s of t ~J. e E .,-q u.ir y Of'f'ic'e2

The findings of the Enquil'Y Officer form an integral'

part of a d orne s tii.c enquiry" "[here an Enquiry Officer"-,-'--. fails to make 'a r ep ort 0); where the repor'tdoes not indicate of the reasons a nd c o nc Lu's a o us or the

reasons in support of the conclusions, it would be impossible for the Tribunal to icside whether ~he procedure adopted by the Enquiry Of fLc e r 'was basi-

cally erroneous or whe<:;her his conclusions '\vere

p e r v e.r s o , Tho report of tho Enquiry Officer,. thore}::ore

n)1;1':'~:c. in Lak s hm i.d.e v.i Sugal Hills Ltd.', Vs, Ram

Sarup 1957 I LLJ p.17 atp.2Je '

t , i

(b) S.C. in Brooke Brooke Bond India Vs. S. Suba Raman 19111 II LLJ p. 417.

17.2

(c) S.C. in Imperial Tobacco Co. or India Ltd.; Vs. its workmen 1961 II LLJ 414.

is a document which will have to be closely examined by the Tribunal when a disputo pertaining to tho disciplinary action based on subh a report comes before it for adjudication.(l)

Tlr-o ug h the Enquir y Offa cor need not wr it c 2, vel' y

long and elaborated report, .ri t i~ his d ut y to clearly and precisely give his conclusions and to indicate briefly his reasons for teaching the said conclusions.

i

(2) This is absolutely necessary because the findings f

of an Enquiry Officer arc likely to have serious conse-f .q ue n.c e s for the ch.ar g e s h c e t cd workman. (3) The Enquiry' 'officer should, h ow cv e r , "ensure that his findings are P based on the material adduced be~ore him at the ' enquiry and he should not, under any circumstances, import his personal knowledge in his findings.

(

J ;

/

I

The findings of an Enquiry Officer must be supported by legal evidence i.e. based on the evidence before him and not on hearsay evid~nce or materials not on record, as otherwise, sucti findings a would be illegal and perverse. (1) A perverse Or illegal i finding is one which is not supported by any evidenc~ or :is entirely opposed to the wh o I.e evidence adduced.' before the Enquiry Officer. \~here, n cwev er , a particular view' is take~1_ by the Enquipy Officer b'a s qd on the evidence before him, an Industrial Tribunal,:

, .

w o u Ld not be justified, while dealing with such ',6. !

case, to characterise such a finding as pervers~ merely because the Industrial Tribunal is inCline~'

to take a contrary view.(2) .

Sometimes the Erxq u i r y Officer after holding that t e charges against the workman are established, goes ,

on to recommend punishment also in his findings. \

In our vie,., it is not the domain of the Enquiry \

Officer to recommend punishment since it is the

disciplinary authority who : alone is competent to \

decide what p u n.i.e hmcrrt should be meted out after \

c on s i.d e r i.ng the gravity of' the offence arid the past \

record et c., of the w o r kma n cancer ned. \

s.c.

\ in Powa.r i, Tea Estate Vs.'Barkataki 1~5 II LLJ p.102.,

\,

,

,

-----,-,--------------

s.c. in Kha r d ah & Co. Ltd •. andi:ts workmen 1963 II LLJ p. 452.

(J) s. C. in Sur Enamel & Stamping1f arks Ltd. Vs , It s Workmen 1963 II LLJ p~ )67

( 1) S. C. in Central Bank of Ind .i.a Lt.d, , NC'\v Delhi and prakashchand Jain 1919 II LLJ p. 3'];7

(2) S.C. in Hamd a r d Dawak h a na 'N'ak:f Vs. Its wo r-krno n , 1962 II LLJ p. 772.

18.0

18. 1

20.1

GENERAL HANAGER' S ORDERS

~-=~~~~~~--=~~-~~~=~=~~~

After the ehquiry is completed the Enquiry Officer should submit a complete .r e o o r d of enquiry along

wi th his fi nd ings tot he General :Ianagor who should pass the necessary orders, after taking into account the .graviry of the rrri s c o nd u c t and tlle past re c o r-d of the workman as r-equ i.r od by most of the Standing

Orders. Tho quantum at punishment, should not be disproportinate to the misconduct committed by a workman. If punishment is shockingly disproportionate to the offence committed by the workman it would be cnnstrued as an act of victimisation~(l)

COHfvlUNICATION OF ORDERS TO THE lWRKNAN:

~~----~-----

The workman charged should be communicated the final decision in writing of the punishment imposed on him as a .r e s uLt of the said enquiry. (2) '(here proceed ings are pending b ef'o r-e the Conciliat:Lon Officer, Labour Tr ibunal et c., and the:punishrnent of d ismi ~ ssal or discharge is imposed on the workman care should be taken to comply with·thc ,previsions 6f Section 3J of the Industrial Dd s pu t e s i Ac t , 19h7.

GENERAL

----~

At times after the charge-sheet Ls issued, the chargesheeted workma~, or the Uhion on his behalf, appro-

. aches the conciliation machinery Tor its int er-vention.

Sometimes the Conciliation Officer, and very often the w o r krna n a~1.d/or .t h e Union then requests the mana «

g eme rrt not to proceed w Lt n theclomcstic enquiry Lnvi.ow of the pendency of conciliatibu procedings in the matter. It may be pointed out that issue of ctiarge-

sheet and holding o f' domestic enquiry cannot be made

-~-------------------,---.-----.

'(l)(a) S.C. in Hind Construction and Engineering Co.Ltd., Vs. Their Workmen 1965 I &LJ p. 462.

, ., \ b)

'\ .,.

S.C. in Management of the Federation of Indian Chambers of Commerce and Industry v«. R.K. Hittal 1971 II LLJ

p. 630

Madras High Court in Hanagemerit of P. orr & Sons (pvt.) L't d, , v«: Presiding Officer, Labour Court Had r a s ,

1947 I LLJ p. 517

¢Z) a) S.C. in Ritz Theatre Vs. Jts ~orkmen 1962 II LLJp.498 to 505.

b) S. C. in Nuddea Mills Co. Ltd., Vs. Su r e nd r a Gh o s e

1960 I LLJ p.460. "

8 a subject matter of conciliation proceedings because no punitive action is taken against the workman by

merely issuing a chargesheet and theref.ore con-

ducti,ng the enquiry. In r;tet, the rl1cUla{:,-";]Ct-_,t is

o rrt it led to ell a r-g o s li o o t ..-:~ wo r-k.ma n a nd proceed w i, th the domestic enquiry und o r .t h o Stanchng O'rd o rs , By issuing a charge~sheet the rights 6f ~,workman are

.i n no ,,,ay a ffc ct cd , 1>111ore, therefore, either the

, .. o r kma n or the :Conci].j~;-"ti·:H1 Officer asks you to postpone the e nq u i.r y o n tho ground that the conciliation proceedings are pending, you should reject such a request by taking the .a f or o e a Ld stand and should PI' o o o cd 'vi th the e nq u i.r y ,

20.2 There may be instances where on a report made to th¢ police:~uthorities, say, in the cases of theft, assaults, etc. a.criminal ca s e is instituted againpt a workman and at the same time, the said w o r kma n i's alsocharge-shoGted for having committee] miscondupt

•.. J I

under the Standing Orders. In such a case, the" 'vork-

man oft en make s a r equestfor postponement o f tho enquiry till such time the criminal case is disp'osecl of. It has been held ttiat the_principles of naiural justice do not require that an employer must \vq'~it

for the d e c i.s Lo n of t.h evC'r Lmdna L Conrt before taking discipl.inaryaction. (1) Ln v.ot.he r w o rd s , thert: is no bed? in taking disciplinary action against a wo r krna n even though the charges against him may be same or similar both in the domestic enquiry a nd before the criminal court" It has been fLl:t'ttr_er held that whe r e an> enquiry is conducted no t w i t n s t a nd Lng the; pendency of Criminal. proceedings, such all. enquiry would not be badi.n law. (2) FU)h-,'e,\Ter, the nature, scope and pur[Jose of' thccliscipl.Lo:1.:!·Y p r o cc od i ng s are entirely different from those in a criminal court. The

d Lac i.p Ld na r y action is initiated under the Certified Standing Orders wh Lo h do n o t require! that the d Ls c i.p Li na r y proceedings should await the result of the proceedings in aCri~inalCourt. In these

. circumstances if thc) charge-sheeted wor kma n asks

for the stay o f' the domestic enquiry pending disposal of the criminal C358, such a request can be validly

( 1 )

S.C. in Delhi Cloth Mills p , 520

'IT

v •

Ku s h a L lb.-a n 1960 II LLJ

(a) S.C~ in Tata Oil Mills Co. Ltd., & its workman 1964 II LLJ p. 11)

(b) HC Had r a s in Anglo A'Olerican Direct Tea Trading Co.

Ltd., V. Labour Ceurt, Coimbatore, 1970 I LLJ p.481

(c) Kerala H.C. in P.K.R. Pillai & State of Kcrala

197) I LLJ p. 498

PJ3f>FT OF CiIARGESHEET'":_Cjll':L::NOTICE OF .ENgQIRY

CE~!B;~T' ':JOLF ANI ES tl.IhlTSD ';lORKS/QUARTEHS

Reference ),,0.

Dat e s

To

Sh i"'i 6 I) I) I) e 0 ~ ~ (I 11 e 1) e to e

1'el~O I) C" I> I) o c $ <) Q_1l Q C Q () (I 0 Des'ig'nation 0 (I 0 '" c l- (I (I""" 0 0 0 e e. e c

Del) a r t.m en t 0 (> Q 0 Q Q I) Q c ... 'I> .. e 0 (I .." -j o e " '" .... '"

It is reported that:-

.0 •••• 0 o •••• ,'0 •• 0 ••••• > •• (Flease give details of the charges including the date, time & ~lace of the inciderlt etc.)

._ f

The above charges; if pro\red~ ,,fould constitute misconduct

u n d e r-s t azrd i rig Lo r-d e r' (s) No. (s), ....•.... c ••• ~ 0" c f' the

cer"ci:f.:Led Standint;; Order( S) '-{'lhich read( Sf as f o Ll.o w s s -

J. You are required tosubmi t y o u r' written explanation to the above charges e o as to reach this office wi chin ., ......••..•. •• , , ••••••• Ho u r s of' receipt of t.h i s chargeshect.

4. You are further informed that an enquiry int'? the. said charge(s)w'ill be he:id ~)y Mr. "., •. o ••••• o •••••• ~designation)

at ••. c ••••• ,.ooo,,,o ••• or; ·.oo in Id,s office (or

name th~:':.Vlace where enqu::_ry ,·;::)uld be held). Y01.l are required to be present. <C.t ';JI:e enquiry aleng w i th your wi tness (es) 2 if any. If you '.-lish to call any of the workmen as you w i t n e s s e s , who may be en duty at the time of' e nqu i r-y , please furnish the nW1C of such witnesses before ...•....•• toeflable us to :release t~~:G~--Trom duty. At the enquiry, you will be penni 't t e d to cross-examine the w i t~ness.es in support of the charge(s) and to exanine your own witnesses incl-

Hi'l. -i- udingTyonrself. in y ou r- .def (,:;'lCG.

5. Please note that if you are not present for the enquiry or being present ,you r ef'u s e to take part in it 1 the enquiry will nevertheless proceed as indicated.

GENERAL HANAGER/AGEN'T

No t e s In case the date of enquiry is not to be indicated, paragraphs 4 and 5 of the draft should be deleted and the following paragraph(4) should 1'e substituted:

Para 4; If ai'ter receipt of your written explanation, it is decided to hold an o nqu Lr-y , Y'ou will be infonned of' the s am e ,

rejected on the ground that having regard to the n a t ur e of the ch a r g o s a nd in the larl',er interest of discipline, it becomes necessary and expedient t. h at t.h e said cira r g o s are e no uir er! into ot tho ear liest .

12.3 Iiow cv c r , wh c r e a workman is a cq u i t orj or tb c cha r g e of theft by a Criminal Court all. a po r a Ls a L 01' tho evidence before it 1 the action of tho rnanagument '~n chargesheeting and dismissing him by holding a d o.no s t Lc enquiry is not a.pp r ov od by the High Cou::.,t of Madras

in a reoent decisioni (3) The high Court while examining the questing whether in such 3 case it is open to the management to h o Ld the domestic enquiry

on an id orrt Lc a L charge and to come to a c] Lff e r e rrt conclusion observed that while the acquittal of

all. employee is no bar for a domestic enquiry being conducted all. the same charge but the same is permissibel only in a case where the a-cq u i t t a L Ls: on a technical ground and not all. an appraisal of the evidence, If, however, the acquittal is based on all. appraisal of the evidence, it is certainly not open to the, domestic .t r i.bu na L to (orne t c a different conclusion on the evidence given by tho same witnesses without adding anything more to what they had deposed in the Criminal Court.

(J) H.C. Madras in Tinnevelly Tuticor~ng Elec. Supply Co.

Ltd.) Tirunelveli Vs. Lnd u s t r La L T'r Lb uria L, Madras and other, 1975 I LLJ p.J12.

DRAFT 91" L:S:::2ICE_.OF ;g;~U.ll

THE A.SSOClATJiQ_ __ ~~l~:;::';':'I__£U.,1J !l~IE.s JLnilT~D

•••••• " , •• 0 WORKS/QUAi~TEI~S

NOTICE OF

Ref e r-errc e No.

Da t e s

To

T.No.

Desigrtation •••••.•......•••••

Depa r-trn en to .. (I (I q () " ... & ~. {, e c c I) e e " .. a " o I) o 6 Il ~ e c (loa 0 II e e eo (I II e C'

This has re:ference to chargesheet No •••.•.•••..••...•..••• d a t e d •..... e ••• , ••••••• , •• issued to you and your wri tten explanation dated •..... o ••••••••••••• thereon.

2. Yo~ are hereby in:formed that an enquiry into the charges as set o u t in the aforesaid chargesheet will ~e held by

t-:Ir. e c •••••• e ., ••••••••• ".,'. (designa tion) at • 0 ••••••••••••

o IJ (> It '" e. 0 <) b (I C c 4 eo Q U e (:I (I (jOon 11- 601;1 (I ~ (:t 0 0 Q (,0 I) e o t> in his office (or

riarn c the place where the crrqu i r-y would be held). You are required to be p res en tat the enquiry along wi th your wi tnesses, ii' any. If you wish to call any of the workman as YOl'-:-'v;i t.n o-, s s e s , who may be on duty at the time of enquiry, p Le a s e fu r-n.i » sh the name of such witnesses be:fore •. , ..••.••.•• to enable

us to release them form du t y , At the enquiry, you 1{ill be penni t ted to cro e e- e x am.i n e. the ,vi t.n o s s e s in s up p o r-t, of the Charges and to examine you:", own wi tm o s s e s , including yourself in your defence.

J. Please not that if you are not present for the enquiry, or, being present, you rfuse to take part in it, the enquiry will neverth~less proceed as indicated.

GENERAL MANAGER/AGENT

Opening &. "" ... ,,' ...... E.1!l'!. bours

Working Hour. - Daiq

EXt.ra

11 ..

Sub.t.it.ute WeeklJ Hll)liday

Means a person

for of the

factory ..

No such p

Certain mV,,,,m,,,,?1 provided under 5,,64

and the d

thereunder

\

On th e firat. dey the vaek (S e 52) t.he

worker t.o 'Weekly

off ..

Subst~it.ute holiday shall be given in such a way t.hat the workman is not required to work for more, than 10 dliY8 consecutively, (S .. 52) by prior notieee Compensatory holidays in the same month or within two months permissible under certain circumstance s with the permission of the Chief Inspector vide So53~

Minimum! hour rest after 5 hours work ~ S.55(1)

can be eXtended to 6 hours at & stretch - 3.55(2)

s ..

I@ Shops -

a) Milk, veg ..

Shops to open at 5 A.M" or thereunder"

b) Remaining shope not to open before 7 A..M" S,,10 & 11<1>

II.. Commercial EstabU8Ament-a ~ 1;,0 work between 8,,30 A..Me

& 8 e 30 P..Me

5 e 13"

49 hours a day - f cr an adult.,

hours 5,.14

1 .. 6 hours in a week S" 14(2)

For 6 in a ye ar not more than 24 ncurs s. 1.4(3)

The establishraent shall remain closed on one day in a week"

5<1>18(1).

Substitut.e dq permissible under Se18(lA) by prior notice.

One hour re 5t interval after \'</orking for

5 hours at a stretcb. - 5 e 15. However.in mfg. undert.akings the reat interval shall be minimum ! hour - 5.15 - proviso (a).

FACTORIES

1) Regi:Her of adult, work~r8 to be maintained in

Form 17 - Rule

2) O@T. Register workers in Form 15 - Rule 95 e

3) R~gi3ter of canpeneacorr holidays

Rule 93"

4) Regist.er of child worke nt

in Form 12. - Rule 104.

5) Inspection Book Fonn 31

6) Muster Role in Form - Rule 1;22.

1)

Notice roue

occurance nn

Rule 115

3) Notice of pod.sondng or

in form "

1) Notice of periods work for adult. - Form 16" Notice periods of work for child worker.

- Form 1

3) EXtract from

Factorie e Act and the Rules.

Printed copies avail&bl$ in the market",

1) Half ~ar'4 Return in Form ~ - Rule 129 (2)

BQIi1BAY SHOp':) &:

EST ABlISlt".ENl'S

1) Registar of Emplo~Dt in Fom J 'lllhare \:.be aoura aro Rule 20 (1) Visit book to

mente authorities S

GRIlZVANCE PROCEDURE

1. ·.1111e".l1in,; of Grievance Prc:cedure

·,1 ny discontent or d i s s a t i s Ie c t i o n ; \\Thet:ler c x p r c os c d (·r b r o o d e d l!pon; ':"He·.·l or i'.l'<lgin".ry;

}\-ising out of the individual's e yploy(,:ent

respect of his j o b , tve e nv i r o n-r.o n t e , the :>er. and the rgc_nisatio"n --

Which he thinks, believes or even feels Is uii!:;)ir, unjust a nd i n cq u it a b l e ,

: ~_A\:-_, -:

GrievanJ~:F~ it syrnptofil of a disease, and not thE: dise2.se itself

.~1:tf)

3. Grievances could be i nd iv i d ua l or collective.

-1,- 2.

4.

J:.reas where grieV2.11CeS corn·~,only arise:

,--!

Wage a.n d Sabry pcynients Leave

Working condit iO;15 Safety

Seniority, Pron"lotion~ ~:upression Transfer

Workload

Supervision ..t2.\';::,L!.ritislTI

Quality of "'.3teri;:ls

l\.<L1.chine In2_int2n::_~C:<2

etc. etc.

-j' 5.

EXERCISE:

6.

W'lat is t;"e effect of ' ;::riev.:·.nce on the individu2.l or the '"ggrieved?

Feeling of insecurity. F'e e l'ing of injustice. Df s c ont e n true nt Causes i nd i s c i pl i ric , Disrupts relationship.

GrievOlnce generdly l co: s la rge in the e:.~!ploy.ee. Epre'lding of c o n tc g i or.. (Snow- balling effoct)

Ind iv id ua l i rnb.i la n c e.

Social trnbcl a nc e ,

Explodes.

7. J, grievance procedure helps the aggrieved ".::1.n as ";en as the o rgZtnisil tion. !-lC)\v?

___ -'A"-1:gug;,_::_r::_ie:::_:_v_::e:.::d:_::!_:A::a::_:n::- +- -=O:_:r:_u:_2. ni z a tion

i ) Ass ured of a s~'ste ':' in~ :ce:',d of i)

the 'whims' of the :;'J~'e::-"iso:- i i ) ii) Employee sec~rity t hc t - syste~.c\

exists. ri}

iiil Emotional release; of \

d i s s a t i s fa c t i on \ iv )

\

EnhCl.nces dicc ipl ine .

Builds worker- supervisor rebtionship··

Eu r;,:cni'probleE:'s c nc c urage.d to be b r o ug ht to the open

M3.n2.e;emer.t can lei rn and take c o n s t r u c t i v e a ct i cr; ..

1 \

"

"

Aggrieved Man

\

Orrranisation

':v)

~

..

+-9. ~

, 'c:

iv)

Gives. a feer/g of f<:irness and justice

Gives o ppo r tnn.itv to speak out

v) A r.r e s t s contagion by removing the caus e for grievc;nce

vi) R2.is8S- rno r a Ie

vii) Keeps social pres s ur e s within bounds

viii),The fact that a system ex i st s keep a check on arbitrary action by supe rv is o r s

8. Guiding Principles for a Sound Griev::l.nce Procedure,

i ) Simple arid e a s i ly understood by the workmen.

11) Provision for v e r ba l r e p r e s errtet i.on in the i nt ia l stage. iii) Preas which c o rne with; n thp s co pe "f :1-,:-. prO':CUlH E:., t o be indicated.

iv} Provision for appeal e s s e nt ia l , Nurr.be r of stages to be srna Ll (preferably three).

v) The na rne s of tnt s upo rv i s o r and his seniors to whom c ppe al s could be preferred - - To be specified.

vi) Time limit for:

(a) Submission of grievance f r o m the date of occurrence of the incident.

(b) Reply at e a ch step,

(c) i~ppeds to the various stage.

(Date of first submission verbally or in writing to the reply at the final stage - - Not to exceed 30 days).

vii) Reference to the third p?- rty after the final stc ge to be av o id e d as'£z_r"'-s possible _- At any rate it should be vo lunta r i ly a g r c e d

to by both the pe, r t i e s , '

Representatives of workers in the Joint Gr i.e va nc e ComiT~ittcc

( ,

tohcl}ominated by the recognised unions.

Policies and c o rn pa ny rules should be wo r ka b Ie , and a c ce pta b Ie to both pa r t ic s ,

viii)

ix}

x} Prevalence of an attitude of Tutual intc r e s ta nd pr-o bl a.v. solving. xi} Grievance CDachinery not t o be considered as a s upp'Icvr.ant

to the Bargaining machinery.

x i i ) Cornrr-uni.cat ion to und e r ste.nd e a c h ::;ther's p r ob le rr;s a ncl to V'Jlvc)' to each other feelings of fa i r ne s s

A Grievance Procedure forStlldy

1- - .. - -- - - -

I STEP II I

STEP-I !r. Form I 48 ' I 15 days for &hrs.~ reply

~~L-L- ~

4-1 o

! -:::r. Forni II ~I 3 ve e k s for h r s

GrievJ.rlcG

F'o r e rna n

/'-,

I ,

. "

II -,

/Consult '"

Unres;)lveJ

P. O.

Deptl.

Make a SCh~'::.;dti:-;-;eprcsen't2.tio~: o[~\~e grievance

-p r o c cd u r c existing in your o r g an i s a t io n , e.nd in what manner does. if depart from the guiding principles.

I

11. Grievance handling:

Three sides to the problem .•

{. The 'Worker's

The Ni:anagcment's The Truth. .

12. EXERCISE: In an organisation, the Pc r c onn e l Officer is one oft.he h hierarchical functionaries in the' grievance procedure. Is it a desirable practice?

I

I

"

13. Roles cf Line Management, Personnel Dept. and the Union in Grievance hciDdline..:..

; .'

i) ii) iii) 'iv) v)

Most crucial role: The middle n~anagerncnt's. Prima ry re S ponsibility - The line rna ne.gcvne nt ' G. Objectivity in handling •.

Open 'mindedne s So

Co rnrnuni ca tc effectively.

a) Listening to the grievance.

b) Explain the correct position to the aggrieved.

c) Timely reply (after proper enquiries) •.

d) Keep the highe r rna na ge me nt informed if needed.

vi) Distinguish between the stated g r i e va nc e and actual grievance.

1 (Ex2.",ple: Operator says he did not get an increment. PO checks and findS that no iric r emc nt is due. Discusses with the aggrieved, He says th::t;i c o l le a g ue of his recently appointed t )ld hi r» that ,be received an inc re ment in his pa y pa c k e t , P. O. goe s t h r o ' this man's pa.yrr.e nt

pe rt i cu la r e , JT:ll:iJ, such iric r e rne nt received by him too. '.::'bus -t.ho

'" i rna g in a r y grievance arose due to the fa ct that he thqught that the other man has got an incre .r.e nt , -He did not want to divulge the <;,"':,~c!hversi!'tion ttis colleague had with him and merely s tate d that he (the f o r rr.e r ] did not get his increment. The actual g r iovo nc c was therefore different from the stated griev2.ncc. )

vii) Remove causes of g r icrrca nc c noticed in the course of grievance handling.

viii) Higher rna na g e rne nt to give enough a.uth o ri t y to the m iddle management -to t2..5.e decisions.

LX) Equip the :Eiddle r;-,anagement up to the fir s t line

s upo r v i s i o n with 2.dc:qu:>.te knowledge to U,ke decis(ons.

x) Expeditions e nq u.i r i e s e.nd decision.

II P2r50nn21 :Gepartnl.cnt's Role:

.\
1}
ii)
,---"
iii)
iv)
v) Anticip(lte g r ieva nc a s ..

Identify grievance s ou r c e s or submerged grievances and rectify.

Observe the b e h a v i ou r a l change of e mp lo ve e s o.nd see whether they are due to 2.::-.~~ g r icv cnc e .

j\sslst s upe r v i sc r s :,-:>d t::;::!· seniors in the sett:lement of the grievances - - _.:: '"~:: consultant, c o un s o Il o r or guide.

T'r a i n people ::c. i:-:2·,'?nce =""ndling - - por t ic ulc r l y the First Line Supervisors.

"

4 :

vi) Spot out ambt gu i t i8s in pe r-s onn e L po l Lc Le s, proc0p.uro s or pr-ac t i.cv s .m d r~~ctify c hcm - kue p them up'-~o-dctl~\..o

to . ba l.ance wi t n th<j <c' nv i or nmc ntal changes .

vii) liair.tciin r'c:'cords of g r i e va ncs s i Ana Ly s o for any 1;

corr8ctlv8 action hy m~nagHmnt,

III. Tr~de U~ions' Role:

i) Trade Unions' rGprCs00tdtivHS on the shop floor to bo educated and tr~in8d in grievances handling.

i L) 1\(3;:; p 3. watch on th'; functi oning of t ho G. F.

(Only the rvp rc s nt at I vs s of rFcognisud trudrJ un i o ns to be as soc t at ad u n th8 g r u.vanc-.s nandl ing ,:t any s t a g s ) .

14, A ['II! ti DS to b" follO\'Jud eluring grii3V2nc h:J.odling

I. I ) Discuss in private if the «mpl oyve so d'."siYiiS

ii)· Put him Cit i'<iSl~,

iii) Al Low th·:; C::.ggrit,v,~d to 10Pen out,' .rnd 11(;1; off '~h(J s t--am '

tv) 'l'au:e a s i nce re t nt .. r-o s t and 111,;U;n"

v) Do n ot a r gue vJh(n t h« pe r s ori t Ll s ht s pa r t of',hi_; story - This i s 2. gr\at Lrr i t ant to an -=:.ggricvtid (~mpl oy,:. '.3

v i ) The vt,'ry 2Ct. of giving vc nt to his pent-up o mot i.o ns will soothen his mind,

II, i) Ask the vo rke r .my que s t Lo n by ';ldY of c l a r i f'Lc ar. i.on .

i t ) Rcpi,at the cas e - To remove i ncons i s t.e nc i e s if::_::lY.

III. i) Find out the TRUTH e xpe d i t i ous Ly

ii) D::'cidu 00 th.,.' faces o bt a i no d iii·) Commun l c a t a to tho party

i) Giv,~s a Lsling into the man that his g r.i avanco is of~. no c onc-r-n to th8 Han0.g8ffii' n t ,

i.t ) I'h« man as surnes that the lvbnagEm nt also p},,'.'h,{pc\. :i:;\,_

the wrong d o no to him and. is t::ck1ng tim:; to' )'ur:l.,dy '~'[Yj

s i.tuat Lon ,

iii) In ;:"ithcr ca se h,' is und- r "SU.o;PI,r1SEj" .J.n.rj o;:p';'ct,J ,",

re'ply quickly.

15.

Ar b it r a ti on: (Reso:.'hd in ,:xccctiorul cC:.:~·;:;s ··,}h,rc: is n o t I' s o lvo d dt till: hirh··:-:t: 1.,,,:1.)

Gri.,var1c,; a r b it r a t i on s t a c i Ll se s c o nt rac t uaj l;'cl'ms. i'!~thocJ

of g r i s v an cu s·,t-r.l",,!,:,nt.

Di~~DU·i>: or contract ar~itr·~ltio~ is to :~s('dblish r18\·j c ont ra ct . (It'is 2 cr oc= s s of co l Ir c t i vo b:irf~'~i::~";)'

th~ m~~tr of gr h~: nc o mo r-; o b j> c

~:: c. GC'-

La c ks ~'_ rS:J:1;;.l kno .. :l;_,df;~; of' ··,-,1'.···.-· o r gun i sv.t t on ' s ':!_iY of Li f(-j ..

An ou t s t de r , ",r,d has ~t,::,c'-o::--G fl"'sh po r s pe c t Lve .

Not ~motion21ly inv l~~d in

Posibilicy of un-r~~lisci~

, ..

o _~ C:L ::; .1_ 0:1.