Domestic Enquiry and Punishment

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Description
A grim face and haughty reticence of the head of an industrial management have become things of the past. If the early management method was coercive the present method is friendliness, considering industry as a society within a society. Hence the necessity for an authoritative guidebook on disciplinary matters affecting the workforce. Uniform law of discipline in factory management is, however, absent barring the Industrial Employment (Standing Orders) Central Rules 1946, framed by the Central Government and the laws laid down by the Supreme Court and the different High Courts besides the conventions which have so far developed. This work presents the Law and the Rules in a compact and comprehensive form emphasising at the same time the application of the principles of natural justice in the different stages of disciplinary proceedings. Misconduct of whatever degree throws up circumstances for initiation of disciplinary proceedings which begin with the issue of chargesheet followed by an elaborate and systematic procedure of enquiry and the book discusses how the same should be shorn of bias and prejudice on the part of the Enquiry Officer or the punishing authority keeping due regard to the statutory restrictions involved in and the implications of sections 11A and 33 of the Industrial Disputes Act.
While making in-depth study of the subject the present edition, revised and updated, deals elaborately with different aspects of the law and the principles of punishment, the distinction between discharge and dismissal, the quantum of punishment vis-a-vis reformative approach, the scope of interference by the High Courts, punishment during pendency of industrial disputes, wrongful dismissals and remedies against the same and the grievance removal procedure to avoid industrial unrest and strikes etc. etc.
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Contents
Chapter 1.    Disciplinary Jurisdiction of Industrial Management
Chapter 2.    Misconduct in Employment
Chapter 3.    Charge-sheets for Misconducts
Chapter 4.    Suspension
Chapter 5.    Domestic Enquiry - Principles and Procedure
Chapter 6.    Vitiating Factors in a Domestic Enquiry
Chapter 7.    Findings of the Enquiry Officer
Chapter 8.    Punishment - Law and Principle
Chapter 9.    Award of Punishment and final order of the Punishing Authority
Chapter 10.  Protection from punishment under Certian Specified Circumstances
Chapter 11.  Reinstatement, Back wages and Compensation
Chapter 12.  Epilogue
Index
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Author Details
Ranadhir Kumar De, Bcom, LLB, Advocate, High Court at Calcutta, Central Administrative Tribunal State Administrative Tribunal Calcutta
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