SUBJECT- Workshop on management of discipline and disciplinary

proceedings

ASSIGNMENT
ON
1. Warning letters and show cause notice on absence
2. Difference between conciliation, mediation and arbitration

SUBMITTED BYRHYTHM VIJ

MBA HR 4TH SEM

FIRST WARNING LETTER FOR ABSENCE

Aman Diwan,
(Employee Code- 5826)
Junior Production Engineer,
XYZ Corporation.
Date- 15 Jan 2015
Subject Warning Letter for absence
Mr. Aman,
You took leave for two days i.e. for 25/30 and 26/30 but did not join after your leave expired.
Telephonic calls have been consecutively made on both your personal number as well as the
landline number, which has been provided by you to the organization.
The work assigned to you has been suffering and this is showing gross negligence on your part.
You are hereby warned to present yourself as soon as possible and the failure to do so shall
invoke appropriate action.
Mehal Sharma,
Sr. HR Executive
XYZ Corporation

SECOND WARNING LETTER FOR ABSENCE

Aman Diwan,
(Employee Code- 5826)
Junior Production Engineer,
XYZ Corporation.
Date- 20 Feb 2015
Subject Warning Letter for absence
Mr. Aman,
It is in regards to the previous mail dated 15 Jan 2015 sent to you related to the leave for which
you applied on 20 Dec 2014 for two days i.e. for 25/30 and 26/30, but did not join the
organization after that and are still on leave without extension or prior permission from the
concerned department.
There is no reply to the telephonic calls which are being made to you. The case is in gross
negligence of duties and is considered under misconduct.
It is hereby a warning to you to submit a written explanation within 72 hours from the date of
receipt of this letter failing which it will be presumed that you have no interest in your job and
appropriate action would be taken.
Mehal Sharma
Sr. HR Executive
XYZ Corporation

SHOW CAUSE NOTICE

Aman Diwan,
(S/O Rajesh Diwan)
Junior Production Engineer
XYZ Corporation

P.F. No. 3744

ESI No. 173054
EMP ID. 5826

You have been employed in Production Department as a Junior Production Engineer in A Shift
since 15 March 1997. You have been absent since 25 December 2014 without any intimation.
Various telephonic calls and emails have been sent to you but there are no responses.
The above act of yours is of a serious misconduct under Section M1(c), M1(d), M2(11), M2(13)
and M2(14) of the Certified Standing Orders of the Company which reads as follows :
Careless or negligent work M1(c)
Laziness and inefficiency M1(d)
Gross neglect of work M2(11)
Willful or irresponsible action resulting in damage to any goods or property
of the Company M2(13)
Insubordination M2(14)
You are hereby called upon to submit your explanation within 48 hours in writing as to why
disciplinary action should not be taken against you for the above misconduct.
If you fail to submit your explanation within the stipulated period, it will be presumed that you
have no explanation to offer and necessary action will be taken against you for the above
misconduct as per the Certified Standing Orders of the Company.
Pending further enquiry, you are hereby suspended forthwith.
Rohit Goyal
Sr. HR Executive and Legal Expert
XYZ Corporation

DIFFERENTIATE
ARBITRATION

BETWEEN

CONCILIATION
Conciliation is an alternative
out-of-court dispute resolution
instrument.
Like mediation, conciliation is
a
voluntary,
flexible,
confidential, and interest
based process. The parties
seek to reach an amicable
dispute settlement with the
assistance of the conciliator,
who acts as a neutral third
party.
Industrial disputes act 1947
describes conciliation by
conciliation officer (sec 4) and
conciliation board (sec 5)

MEDIATION,

AND

MEDIATION
Mediation is a facilitative
process in which disputing
parties engage the assistance
of an impartial third party, the
mediator, who helps them to
try to arrive at an agreed
resolution of their dispute. The
mediator has no authority to
make any decisions that are
binding on them, but uses
certain procedures, techniques
and skills to help them to
negotiate an agreed resolution
of their dispute without
adjudication.

ARBITRATION
It is applied to an arrangement
for taking, and abiding by
judgment of a selected person in
some disputed matter instead of
carrying it to the established
Courts of justice.

The Civil Procedure Code

(Amendment) Act, 1999 sec.
89 speaks of conciliation and
mediation
as
different
concepts.

Before the enactment of

Arbitration and Conciliation
Act,1996
the
statutory
provisions on arbitration in
India were contained in three
different enactments, namely,
The Arbitration Act, 1940, The
Arbitration
(Protocol
and
Convention) Act, 1937 and The
Foreign Awards (Recognition
and Enforcement) Act, 1961
More of a formal process than
the other two. Arbitration is
done with the help of the
appropriate government
An arbitrators award,
is binding on the parties.
Is followed at last among the
three
Arbitrators
issue a formal
document
formalizing their
recommended solutions
Arbitrators are required to go
through the case and give a
settlement. Everything has to be
in written and a report is to be
submitted.

Role of the conciliator is pro- The role of the mediator

active and interventionist
restricted to that of
facilitator
Parties are not bound to accept
the recommendation
Procedure for dispute may
start from conciliation.
Conciliators issue no formal
document formalizing their
recommended solutions.
Conciliators merely note down
the existence or absence of an
agreement. At some point
during the conciliation, the
conciliator will be asked by

CONCILIATION

is
a

Parties are not bound to accept

the recommendation.
Procedure for dispute may
start from mediation.
Mediators issue a formal
document formalizing their
recommended solutions
Mediators are not required
do so, rather recommend
form of settlement.
mediator, by contrast, will

to
a
A
in

the parties to provide them

with a non-binding settlement most cases and as a matter of
proposal.
principle, refrain from making
such a proposal.
Final outcome remains in the Final outcome remains in the Final outcome is in the hands of
hands of the parties
hands of the parties
the arbitrator.