In industrial jurisprudence, it is an established principle that no workman can be terminated from the service on account of any misconduct unless he is provided with a fair opportunity to defend himself. Whether the opportunity provided to the workman is fair or not is to be ascertained by examining the compliance of principles of natural justice and service rules/ standing orders of the establishment because the thrust of the laws therefore, is on ensuring that the rights of the employees in any such situation are protected and the employee is not left remediless.
There is an established procedure for conducting disciplinary proceedings before punishing the workman/employee. It needs due care by the management of the organisation in ensuring that, in case of a challenge to punishment by the employee after disciplinary proceedings, such proceedings are not declared invalid by the court of law.
The system of laws and regulations regarding departmental enquiries is one of the mechanisms by which it helps achieve transparency and justice while awarding punishment to any one who is found guilty of misconduct. This is true both for employees in the private sector as well as in government service. However, even with the best systems and procedures in place, there may still be a number of instances in which disputes with regard to departmental enquiries and disciplinary proceedings are challenged in the courts of law. This has led to a number of judgments delivered by the various courts in the country, which continuously interpret the principles of law governing this issue on how the disciplinary proceedings are to be conducted and Dos and don’ts for inquiry officers and disciplinary authority.
It was due to the complexity of the subject and increase in the number of cases as well as the various interpretations of the principles governing departmental enquiries and by these cases that a needis felt to revise and update this book with the latest case laws. This book contains cases reported till September 2024 from the major labour law journals of the country.
The book is written in easy-to-understand language, keeping in mind the practicality of the subject which will be extremely useful for Employers, Employees, Trade Unions, Lawyers, HR Professionals, Labour Consultants, Industrial Tribunals, Labour Courts and all those dealing with Labour Laws.
Authors : Prabhakara Rao
Publisher : Law Publishing House, 39, Sheo Charan Lal Road, Allahabad-211 003
Price : Rs. 2600/-
Website : www.lphindia.com
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