Scb

3rd class
4 Feb 2021
4th sem

Laws applicable to the discipline

1.In case of workmen they are covered under following labour laws for the purpose of
disciplinary action. THEREFORE any disciplinary action against a workmen, must be taken in
compliance with such laws
2.The workmen in any industrial establishment in the Industrial employment ( Standing Orders)
Act ,1946.Definition of workmen under this act states that any person working in a industry and
doing unskilled, semi skilled, skilled clerical and technical work is workmen. According to this act
does and don't for the workmen has been stipulated for the purpose of discipline.
The model Standing order prescribed under the Rules of this act talks about list of misconduct,
some of which are stated below:-
I.sleeping while on duty
Ii.absence from place of work during working hours.
Iii negligence of work
Iv in subordination and disobedience of lawful and reasonable order of superior
V drunkenness while at work
Vi willful damage of laws of company property
Vii gambling while at work
Viii
Ix unauthorized access etc.

In case any workmen commits misconduct like above ,the management disciplinary action as
follows
A . Conduct preliminary investigation to ascertain existence of any primafacacy case against
workmen
B. In case an act of discipline is committed, the workmen is issued show cause notice/ charge
sheet asking him to submit written application to the misconduct allegedly committed by him.
C. If he refuses to accept the misconduct, domestic enquiry is conducted against him by an
independent enquiry officer appointed by the management.
D. If the misconduct is established in the domestic enquiry, the management takes disciplinary
action . Types of disciplinary action are as follows.
1. Fine
2. Warning letter
3. Suspension from work without wages for a maximum period of 4 days.
4. Discharge or dismissal from work.

The Industrial Dispute act 1947

Once the disciplinary action has been taken against a workmen ,it is quite likely the workmen
will try to restore his employment within the preview of ID act ,either individually or collectively.
HE can follow the following steps
1. He can approach grievance redressal committee

In case this committee is unable to satisfy him,he moves from dis bipartite committee to tripartite
committee i.e trade union
2. Under this act ,the tripartite committee is as below
● Conciliation
● Adjudication
● Labour court
● Arbitration

The labour commissioner as per ID act 1947 acts as Conciliation officers. He convince tripartite
meeting i.e between the representatives of workers, management and self under section (3) and
18 (3) of the act.
In the meeting he mediates between the two parties to arrive at a settlement .in case he is
successful in arriving at a understanding, he signs a "settlement " with the signature of both the
parties and self. In case he is unable to arrive at a settlement, he submit "failure report " to the
government for next course of action.
The legal remembrance department of the state / central government as the case maybe
And tries to ascertain whether their is any merit in the dispute for taking further step
● In case there is merit in the dispute, the matter is referred to labour court for
adjudication. After hearing both the parties, the labour court gives an order which is
called "Award".The terms and conditions of the award is applicable to both management
and workmen and will be implemented by both parties within 30 days time effective
from date of publication of this award in Official Gazette of the Government.
Note although the ID act is silent after this step,the award can be challenged in the high court in
the article 226 of the constitution of India
Sec 2A of the ID act 1947 has also given liberty to an individual workmen today's industrial
dispute for reinstatement in case of retrenchment or dismissal from service.This happens when
the concerned workmen's is not taken up by the trade union .

● There maybe occasion that both the parties jointly approach an arbitrator under sec 11 of
the ID act 1947 to resolve the dispute. The arbitrator after hearing both the parties and
applying his own mind gives an order " which is required to be accepted and
implemented by both the parties within 30 days time".
However Arbitration is not a popularly machinery to handle grievance as workmen
representative feels that arbitration gives decision in favor of management.

Unfair labour practices

The fifth schedule under sec 2 (ra) of the ID act 1947 has elaborated unfair labour practices on
the part of employer and on the part of workmen and trade union
Some of the practices committed by the both the parties are as follows:-
On the part of employers
1.To interfere with,restrain from ,coerce workmen in exercise to the right to organize or join or
assist a trade union or to engage in concerted activities for the purpose of collective bargaining
i.e to say -
I. Threatening workmen with discharge or dismissal in case they join a trade union.
II. Threatening lockout or closure in case if a trade union is organized
III. Granting wage increase to workmen at crucial period with a view to undermine the
efforts of trade union
2.To interfere with trade union as follows:-
● In TAKING an active interest
● Favoring a particular union

3. To encourage or discourage membership of trade union

● Discharging or punishing a workmen he urged upon other workmen to join or organize a
trade union
● Discharging or dismissing workmen in any strike
● Changing rating of workmen because of trade union activities.
● Refusing to promote a workmen to higher post on account of trade union activities
● Giving un merited promotion to certainly workmen with a view to creating discord against
another workmen or to undermine strenght of the unions
● Discharging
or Trade union activities
● Or By falsely implicating a workmen in criminal case etc.
● To transfer a workmen maligned it from work place under the guide of management
policy
● To insist upon individual workmen
legal Strike to sign a good conduct bond as a preconditions to allowing them to refuse
workmen
● to Discharge or discriminate against workmen for filing charges or justifying against
employer in any enquiry proceedings
● to Recruite workmen during a legal strike
● Failure to implement terms of award for settlement or agreement
● To refuse collective bargaining
● Continuing a lockout which is illegal .
On the part of workmen