Domestic Enquiry & Punishment

With the change in legal thinking from employer-centric to worker-centric and realization of importance of discipline in growth and prosperity of the Industry and thereby the workers, the perspective, attitude and approach in applying the Labour laws has undergone a sea change.

Labour laws being welfare laws their interpretation has also undergone a change from strict literal one to purposive one.

While conducting the domestic enquiry strict rules of evidence were never applied and such enquiries are not governed by the principle of proof beyond reasonable doubt but preponderance of probabilities. The guiding principle continues to be observance of principles of natural justice and fair play. The subject of suspension (interim or as punishment) has been dealt with in detail considering the effect of non-payment of subsistence allowance and the angle of mala fide in suspending a worker.

Factors vitiating the charge sheet, the enquiry and the imposition of punishment have been given due importance and space. Lately, proportionality of punishment to the gravity of misconduct has assumed great importance and has been given due attention.

Jurisdiction of civil, or ouster thereof, had been a debatable issue and has been properly noticed. Lastly, remedy and relief against wrongful termination/dismissal before Labour court/Tribunal and/or courts of law has been fully discussed.

The present edition discusses the Sastry and Desai Awards pertaining to Banks which are not governed by the Industrial Employment (Standing Orders) Act, 1946 as also refers to the Industrial Relations Code 2020 (though not yet enforced) wherever advisable.

Key Features:

• Disciplinary Jurisdiction of Industrial Management
• Misconduct in Employment
• Charge sheet for Misconduct
• Suspension
• Domestic Enquiry Principles and Procedure
• Factors Vitiating Domestic Enquiry
• Enquiry Report and its consideration
• Punishment-Law and Principle
• Imposition of Punishment
• Remedies against Punishment
• Relief against Punishment
• The Epilogue