DOMESTIC ENQUIRY

Charge Sheet
(points to remember)
• Clear, precise, unambiguous account of
charge
• Explanation within specified date / time /
place
• Signed by administrative authority
• We need to have “Proof of delivery”
 Incase you need to suspend pending enquiry
(suspension allowance)

• First 90 days – 50%

• Thereafter 75% (if delay due to management)
25% (if delay due to employee)
Enquiry Notice

- who is the EO ?
MR thro’ office order

- EO to send enquiry notice

date / time / place of enquiry

(if charge sheet published better to publish enquiry

notice)
 Prerequisites to act as Enquiry Officer

Anyone (insider/ outsider)

•One who has NO BIAS,
Person with an open mind (not biased) having no
personal knowledge of the incident (not a witness or
who is not involved)
•Should be appointed by competent authority
•Usually a responsible officer, commanding
respect
•Preferably he is not subordinate to the officer who
is witness to it.
 DOMESTIC ENQUIRY (Steps)

Preliminary enquiry
Chargesheet and its service
Explanation and its consideration
Enquiry process
Enquiry officers, management representative
Enquiry notice
Enquiry proper
Enquiry report

Consideration and acceptance of report

Awarding punishment if any
at every step we need to follow the Principles of
Natural Justice
 DOMESTIC ENQUIRY (procedure)

Enquiry
- can be held ex-parte if workmen refuses to participate
- Can be assisted by co-worker
Union representation if company rules allow (court-desirable
to allow representative)

Process
1. Record date / time / place of enquiry
Persons present and their signature
2. Charge/ reply read out / explained
If workmen denies DE proceeds
Contd.
 DOMESTIC ENQUIRY (procedure)

3. Process of enquiry explained to workmen

- Management statement
- Management produces witness in presence of CSW
(any document relied upon or produced has to be given
in advance)
- witness can be cross- examined by CSW
- Management concludes
- CSW then produces his evidence / witness
- Witness cross-examined by management
- CSW allowed to make statement after cross-
examination
4. Signature taken on each page
contd.
 DOMESTIC ENQUIRY (procedure)

5. No two witness can be present at the same time

6. Language to be used as understood by majority (possibly
state language) (Cannot insist or own language)
7. If DE incomplete then continue later mention time , date
and placees
Management accepts the report and decides
to punish the worker (Punishment of worker if
dismissal then conditions to remember)

Sec 33 & Sec 33a of ID Act 1947

Conditions of service, etc. to remain unchanged under
certain circumstances during pendency of proceedings
(Sec 33 ID Act 1947)
(1) During the pendency of any conciliation proceeding before a
conciliation officer or a Board or of any proceeding before[ an
arbitrator or] a Labour Court or Tribunal or National Tribunal in
respect of a an industrial dispute, no employer shall, -
(a) in regard to any matter connected with the dispute,
alter, to the prejudice in the workmen concerned in
such dispute, the conditions of service applicable to them
immediately before the commencement of such
proceeding; or
(b) for any misconduct connected with the dispute,
discharge or punish, whether by dismissal or otherwise, any
workmen concerned in such dispute,
save with the express permission in writing of the
authority before which the proceeding is pending.
 Conditions of service, etc. to remain unchanged under
certain circumstances during pendency of proceedings

(2) During the pendency of any such proceeding in respect of an

industrial dispute, the employer may, in accordance with the
standing orders applicable to a workman concerned in such dispute,
-
(a) alter, in regard to any matter not connected with the
dispute, the conditions of service applicable to that workman
immediately before the commencement of such proceeding;
(b) for any misconduct not connected with the dispute,
discharge or punish, whether by dismissal or otherwise, that
workman:
Provided that no such workman shall be discharged or dismissed,
unless he has been paid wages for one month and an application
has been made by the employer to the authority before which the
proceeding is pending for approval of the action taken by the
employer.
 Conditions of service, etc. to remain unchanged under
certain circumstances during pendency of proceedings
(3) Notwithstanding anything contained in subsection (2), no employer
shall during pendency of any such proceeding in respect of an
industrial dispute, take any action against any protected workman
concerned in such dispute –
(a) by altering, to the prejudice of such protected
workman, the conditions of service applicable to him immediately
before the commencement of such proceedings; or
(b) by discharging or punishing, whether by dismissal or
otherwise, such protected workman,
save with the express permission in writing of the authority before
which the proceeding is pending.
Explanation: For the purposes of this sub-section, a “protected
workman”, in relation to an establishment, means a workman who,
being [ a member of the executive or other office-bearer] of a
registered trade union connected with the establishment, is recognized
as such in accordance with rules made in this behalf.
 Conditions of service, etc. to remain unchanged under
certain circumstances during pendency of proceedings
Protected Workmen
(4) In every establishment, the number of workmen to be recognized as
protected workmen for the purposes of sub-section (3) shall be one
percent of the total number of workmen employed therein subject to a
minimum number of five protected workmen and a maximum number
of one hundred protected workmen and for the aforesaid purpose, the
appropriate Government may make rules providing for the distribution
of such protected workmen among various trade unions, if any,
connected with the establishment and the manner in which the
workmen may be chosen and recognized as protected workmen.
The Authority shall hear without delay
(5) Where an employer makes an application to a conciliation officer,
Board, [an arbitrator, a] Labour Court, Tribunal or National Tribunal
under the proviso to sub-section (2) for approval of the action taken by
him, the authority concerned shall without delay, hear such application
and pass, [within a period of three months from the date of receipt of
such application] such order in relation thereto as it deems fit:]
 Protection available under the IR Code 2020
As per ID Act we had protection under section 33
Similar protection is available for workers under section 90 of
the IR Code 2020.
For an employee the protection is under sec. 91 which states:
Where an employer contravenes the provisions of section 90 during the
pendency of proceedings before (various Authorities), any employee
aggrieved by such contravention, may make a complaint in writing in such
manner as may be prescribed—
(a) to such conciliation officer, who will mediate for promoting the
settlement of, such industrial dispute; and
(b) to (other bodies) who on receipt of such complaint, shall adjudicate
upon the complaint and shall submit his or its award to the appropriate
Government.
What does section 90 state ……..
 Section 90 (IR Code 2020)

(1) Where an industrial dispute pertaining to an establishment or

undertaking is already pending before a conciliation officer or an
Arbitrator or a Tribunal or a National Industrial Tribunal, as the
case may be, with regard to matters not covered by the notice of
change issued by an employer under section 40, no employer
shall—
(a) in regard to any matter connected with such
dispute, alter to the prejudice of the workers concerned in
such dispute the conditions of service applicable to them
immediately before the commencement of such proceedings;
or
  (b) for any misconduct connected with the dispute,
discharge or punish, whether by dismissal or otherwise any
worker concerned in such dispute, save with the express
permission in writing of the authority before which the
proceeding is pending.
 
 Section 90 (IR Code 2020)
(2) During the pendency of any such proceeding in respect of an
industrial dispute referred in sub-section (1), the employer may, in
accordance with standing orders applicable to a worker concerned in
such dispute or, where there are no such standing orders, in
accordance with the terms of the contract, whether express or implied,
between him and the worker—
  (a) alter, in regard to any matter not connected with the
dispute, the conditions of service applicable to that worker immediately
before the commencement of such proceeding; or
  (b) for any misconduct not connected with the dispute,
discharge or punish, whether by dismissal or otherwise, that
worker:
  Provided that no such worker shall be discharged or
dismissed, unless he has been paid wages for one month and an
application has been made by the employer to the authority before
which the proceeding is pending for approval of the action taken by
the employer.
 
 Section 90 (IR Code 2020)

(3) Notwithstanding anything contained in sub-section (2),

no employer shall, during the pendency of any proceeding
in respect of an industrial dispute, take any action against
any protected worker concerned in such dispute—
  (a) by altering, to the prejudice of such protected
worker, the conditions of service applicable to him
immediately before the commencement of such
proceeding; or
  (b) by discharging or punishing, whether by
dismissal or otherwise, such protected worker, save with
the express permission in writing of the authority
before which the proceeding is pending.
 But is there at all any protection under Section 90
(IR Code 2020) ?
Section 90 states :
Where an industrial dispute pertaining to an
establishment or undertaking is already
pending before a conciliation officer or an
Arbitrator or a Tribunal or a National Industrial
Tribunal, as the case may be, with regard to
matters not covered by the notice of change
issued by an employer under section 40, no
employer shall ……….
Issues covered under section 40 are given in
Third schedule
 The Third Schedule
[See sections 40 and 101 (1)] (IR Code 2020)

CONDITIONS OF SERVICE FOR CHANGE OF WHICH

NOTICE IS TO BE GIVEN
1. Wages, including the period and mode of payment.
2. Contribution paid, or payable, by the employer to any
provident fund or pension fund or for the benefit of the workers
under any law for the time being in force.
3. Compensatory and other allowances.
4. Hours of work and rest intervals.
5. Leave with wages and holidays.
6. Starting, alteration or discontinuance of shift working
otherwise than in accordance with standing orders.
7. Classification by grades.
 The Third Schedule
[See sections 40 and 101 (1)] (IR Code 2020)

CONDITIONS OF SERVICE FOR CHANGE OF WHICH

NOTICE IS TO BE GIVEN (contd.)
8. Withdrawal of any customary concession or privilege or
change in usage.
9. Introduction of new rules of discipline, or alteration of
existing rules, except in so far as they are provided in standing
orders.
10. Rationalisation, standardisation or improvement of plant or
technique which is likely to lead to retrenchment of workers.
11. Any increase or reduction (other than casual) in the
number of persons employed or to be employed in any
occupation or process or department or shift, not occasioned
by circumstances over which the employer has no control.