Hi, if an industry does not have Standing Orders, how will the disciplinary enquiry take place. The industry is a sports centre having about 50 employees. The delinquent employee is salaried at about 20000/- per month and is culpable of habitual absenteeism.
From India, Mumbai
1From India, Mumbai
Dear Aditya,
If your establishment falls within the ambit of the definition of the term "industrial establishment" u/s 2(e) of the Industrial Employment ( Standing Orders ) Act,1946 and in the absence of any certified Standing Orders, You can follow the Model Standing Orders.
If not, if the employee irrespective of his salary falls within the definition of the term "workman" u/s 2(s) of the ID Act,1947, you have to conduct the entire disciplinary proceedings in accordance with the Principles of Natural Justice, which include the framing of charge memo in definite terms and serving on the employee, evaluating his reply,if any submitted, in case of no reply or unsatisfactory reply arranging for domestic enquiry by a superior officer or an advocate to be conducted fairly by giving reasonable opportunity to the delinquent to defend himself against the charges leveled, analysing the enquiry report submitted by the enquiry officer, serving the copy of the enquiry report to the delinquent, if the disciplinary authority rejects the findings of the E.O and decides to award punishment or accepts the findings of the E.O and decides to dismiss the delinquent, he has to issue a second show cause notice about the proposed punishment and after considering the reply or in the absence of any reply, then only the punishment should be awarded.
From India, Salem
If your establishment falls within the ambit of the definition of the term "industrial establishment" u/s 2(e) of the Industrial Employment ( Standing Orders ) Act,1946 and in the absence of any certified Standing Orders, You can follow the Model Standing Orders.
If not, if the employee irrespective of his salary falls within the definition of the term "workman" u/s 2(s) of the ID Act,1947, you have to conduct the entire disciplinary proceedings in accordance with the Principles of Natural Justice, which include the framing of charge memo in definite terms and serving on the employee, evaluating his reply,if any submitted, in case of no reply or unsatisfactory reply arranging for domestic enquiry by a superior officer or an advocate to be conducted fairly by giving reasonable opportunity to the delinquent to defend himself against the charges leveled, analysing the enquiry report submitted by the enquiry officer, serving the copy of the enquiry report to the delinquent, if the disciplinary authority rejects the findings of the E.O and decides to award punishment or accepts the findings of the E.O and decides to dismiss the delinquent, he has to issue a second show cause notice about the proposed punishment and after considering the reply or in the absence of any reply, then only the punishment should be awarded.
From India, Salem
Dear Colleague,
Well stated y Mr Umakanthan.
Just to add, if you are employing 50 or more workmen, in Maharashtra, Industrial Employment Standing Orders Act applies to your establishment. Therefore, you can follow the Model Standing Orders or the principles governing the disciplinary action process well covered by the learned colleague.
If you like, you may contact me on 9819192018. for further advise.
Regards,
Vinayak Nagarkar,
HR and Employee Relations Consultant
From India, Mumbai
Well stated y Mr Umakanthan.
Just to add, if you are employing 50 or more workmen, in Maharashtra, Industrial Employment Standing Orders Act applies to your establishment. Therefore, you can follow the Model Standing Orders or the principles governing the disciplinary action process well covered by the learned colleague.
If you like, you may contact me on 9819192018. for further advise.
Regards,
Vinayak Nagarkar,
HR and Employee Relations Consultant
From India, Mumbai
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