Disciplinary Proceedings in Industry

Disciplinary Proceedings in Industry by Dr J.K. Verma covers every aspect of the disciplinary proceedings in industries starting from its initiation by the authorities to conclusion by appellate/revisional order or judicial review by courts, as the case may be.

Industrial Relations Code, 2020 notified on 29 September 2020 has amended and consolidated certain provisions of the Industrial Disputes Act, 1947; Industrial Employment (Standing Orders) Act, 1946 and Trade Unions Act, 1926. The provisions of the Code, 2020 and the draft Rules, 2020 so far they relate to the subject-matter of this book have been taken note of and discussed by the author. However, the provisions relating to the subject, namely, disciplinary proceedings for misconduct have not undergone any substantive changes. Hence, the practices so far followed and rulings of the courts continue to apply.

Rules governing service conditions in industries across the board though by and large are similar, they may vary from industry to industry and from unit to unit. For example in all industries while punishments are categorised as minor and major, no such distinction is made in case of misconduct; in case of Banks misconduct is also categorised as minor and major making punishments more commensurate with misconduct. Culling out material specific to workmen in a given situation and in a variety of industries, therefore, is often not easy for a legal practitioner at the time of need. This book solves this problem and subsumes the vast legal literature on service/labour jurisprudence including Acts, rules, regulations and case laws. An attempt has been made to place as exhaustive material as possible within the confines of the subject.

The book will prove to be useful and handy to the legal fraternity at large as also to the workers, the unions and the employers.

Table of Cases
1. Introduction
2. The Rules
3. Commencement of Proceedings, Charge-Sheet and Suspension
4. Enquiry
5. Punishment, Remedies and Relief

APPENDICES
1. Industrial Employment (Standing Orders) Act, 1946
2. Industrial Employment (Standing Orders) Central Rules, 1946
3. The CCS Rules
4. Sastry Award, 1952
5. Code of Ethics Regulations, 2002
6. Union Bank of India Officer Employees’ (Discipline and Appeal) Regulations, 1976
7. Some Standing Orders
8. SBI Code of Conduct
9. Tata Code of Conduct 2015

Subject Index