DISCIPLINARY ACTION

MADHU.T.K

MADHU.T.K

Why indiscipline?


   

Ignorance of rules Physical/ mental incapability Absence of proper training Discontented workmen Misguidance by Trade Union leaders Absence of standard policies of handling discipline Uncongenial working conditions
MADHU.T.K

T.K .Indiscipline requiring action        Absenteeism Habitual Late coming Overstaying leave Disobeying rules/ standing orders Insubordination Misappropriation of funds or valuables Misconduct MADHU.

T.Procedures       Standing Orders framed under the Industrial Employment (Standing Orders) Act.K . 1946 to be followed. Ensure principle of natural justice. Serving Charge sheet Holding of Domestic Enquiry Serving Shaw Cause Notice Order of punishment MADHU.

T.K .Charge Sheet     Memorandum of charges Statement of allegations of misconduct/ omission/ negligence No particular format prescribed for charge sheet in any Labour enactment The object is to give the employee exact idea of the misconduct committed by him so that he may get reasonable opportunity to defend. MADHU.

Requisites of Charge sheet     It should contain complete picture of misconduct It should state that the act of commission or omission resulting in misconduct is violation of a particular clause of standing order Language to be as per Standing Orders or as required by the delinquent Enclose a list of witnesses in support of charges MADHU.K .T.

K ./Ms.T.avoid ‘ etc. The amount misappropriated should be specific sum and not ‘ around’ Person manhandled should be Mr.avoid ‘around’ time. MADHU. X and not ‘ some one’ Time of misconduct should be exact.Be specific      Charges leveled should be specifically stated.etc’/ ‘ other’/ ‘any’/ ‘ some people’ like expressions. Charge sheet for using offending language should contain the exact word used..

K .T.Service of Charge sheet       As stated in the Standing Orders Serve the charge sheet personally against signature on the duplicate copy/ delivery book If absent/ on leave/ under suspension. paste it on the wall of the residence of the delinquent By Registered Post Displaying in the Notice Board of the company Publishing in the regional newspaper MADHU.

T.K .Domestic Enquiry   Follow rules laid down in Standing Orders Purpose of domestic enquiry Provide delinquent an opportunity to defend the charges Provide employer an opportunity to evaluate the situation and decide the penalty to be imposed MADHU.

T.K . workman shall also be allowed to be represented by lawyer (Hindustan Teleprinters Ltd Vs Mr. Rajan Isaac.Notice of Enquiry to be served      Notice to show the Date and Time of enquiry Venue of holding enquiry Name of the Enquiry Officer Notice to be served in the same manner as followed to serve charge sheet Workman shall have right to appoint a Defense Helper  When legally trained person represents management in enquiry.) MADHU.

Recording the Evidences        Not mandatory that procedure laid down in the Code of Criminal Procedure. (Mahindra and Mahindra Ltd.K . 1872 to be followed. 1973 or the Evidence Act.T.Answer pattern may be followed Statement of Management to be taken first Cross examination by employee/ helper Take signature of the concerned on record Examine and cross examine witnesses Object/ Disallow irrelevant questions MADHU. Vs Sunil Yeshwant Pandit and another ) Question.

T.K . Chepauk and others.). Shenbagaraj Vs Additional Commissioner of Industries and Commerce. it is advisable to give the  employee a final opportunity before punishment is inflicted.Show Cause Notice   Before punishment is initiated a Show Cause Notice highlighting the charges. findings of the enquiry and possible penalty imposed on the delinquent shall also be served calling on him to show cause ‘why action including discharge or (even dismissal) shall not be taken against’ the delinquent. Enquiry report to be furnished to the employee MADHU. Though serving of such notice will not make the process of enquiry invalid (as decided in S.

K . Order issued without holding a domestic enquiry or after holding a defective enquiry will not stand since Labour Court/ Tribunal can interfere with such order as provided u/s 11A of the Industrial Disputes Act. maternity or other benefit shall be invalid.Order of Punishment    Principles of natural justice to be followed Punishment should not violate section 73 of the ESI Act .T.notice of dismissal or discharge given to an employee during the period the employee is in receipt of sickness. 1947 MADHU.

Charge sheet.absenting without intimation To Date: ------------Sub: Absenting without intimationYou have been absent since_____ (date)/ overstaying leave granted since_____ (date) Absenting without leave/ overstaying of leave is an offence as per rule ___ of our Standing Orders and as such your act of absenting without intimation is a misconduct which attracts such punishment including termination of service.K . Accordingly you are hereby called upon to explain in writing within 48 hours as to why appropriate action should not be taken against you.T. Sd/Appropriate Authority/ Authorised Signatory  MADHU.

/Ms.T.Charge sheet.K .misbehavior To ------It is reported that on ____(date) at _____(time) you misbehaved with Mr. Accordingly you are hereby called upon to explain in writing within 48 hours as to why appropriate action should not be taken against you._____ (name). Sd/Appropriate Authority/ Authorised Signatory  MADHU. ____ (designation) in the presence of ______ (as witnesses) Disobeying orders and misbehaving are serious misconduct as per rule____ of our Standing Orders which attract punishment including dismissal from service.

Mr. ____ will be the Enquiry Officer.K ./Ms.____ dated______ Your explanation dated____ Since the explanation given by you as cited above is found unsatisfactory.T.30 am on ___ (date) at _____ (venue) You are hereby required to present in person with or without a helper to give any clarification to defend the charges against you. a domestic enquiry u/r ____ of the Standing Orders has been initiated to decide on the charges. Sd/Authorised Signatory MADHU. The enquiry will commence at 9.Notice of enquiry  To Date: -------Sub: Enquiry u/r ___ of Standing Orders Ref: Charge sheet No.

statement in support of charges) Name and details of witness Statement/ questions and answers Signature of witness Signature of charge sheeted employee with a declaration that the statement has been recorded in his presence Signature of Enquiry Officer (Cross Examination by Employee/ defense helper) -Same process as above(Examination of witness against charges) -Same process as above(Cross Examination by management representative) -Same process as above* If any one does not want to cross examine.___ (Time. Management representative The charges leveled against the employee were read over and explained to the employee. Charge sheeted employee 2. (Examination of management witness.K . Defense helper 3. date and place of enquiry) Present 1. the same may be recorded as “ opportunity given for cross examination but declined to cross examine” with signatures  MADHU.T.Enquiry Proceedings Enquiry proceedings in to the charge sheet No____ dated ___ issued to Mr.

AND WHEREAS you were granted an opportunity to defend the charges by way of Domestic enquiry which commenced on ____ and ended on ___ (dates) AND WHEREAS you have failed to prove your innocence before the Enquiry Officer. NOW THEREFORE. Without prejudice and following the Enquiry Officer’s report your act of omission/ commission has been proved to be a serious misconduct which attracts punishment which may extend to dismissal from service.T. you are hereby called upon to show cause why disciplinary action including dismissal should not be taken against you/ why you should not be removed from service.Shaw Cause Notice To Date --------Sub: Shaw Cause Notice WHEREAS you were charge sheeted for an offence as stated. the management is constrained to take disciplinary action against you. THEREFORE. Your written reply should reach the undersigned within____ days.K . A copy of the findings of the Enquiry Officer is enclosed herewith for your perusal. Sd/Authorised Signatory  MADHU.

T.K . the management has come to the conclusion that the charges leveled against you have been proved categorically. we have decided to take a lenient step by imposing a lesser punishment by discharging you from service with effect from/ with immediate effect. You are. the management has decided to dismiss you from service. directed to settle your dues including salary dues and handover the charges to Mr________ during office hours on_________ Sd/Authorised Signatory MADHU. therefore.Termination Order  To -------Sub: Order of Termination of Service Ref: Charge sheet No____ dated____ Date Pursuant to the charge sheet above referred and findings of enquiry report dated____. As you have been found guilty of serious misconduct. However. on compassionate grounds.

K MADHU.T.Thank You MADHU.K .T.