The very basis of any well organized establishment is discipline and the management must take prudent measures in upholding this. Disciplining a workman is one of the key methods of curtailing disputes amongst them and achieving maximum productivity.
However, the power to supervise this discipline should not be used as tool to arbitrarily dismiss or punish a workman, which would be indeed be very unfair to them. Every establishment is expected to maintain Model Standing orders or Standard Standing Orders which lay down the bye laws of the industry including those dealing with misconduct and discipline.
With the growing importance of human rights, its enforcement and the notions of equality and fairness for all, law has made it necessary for an employer to work in a just and fair manner towards its workers knowing that it is the weaker party in industrial relations. It is for this purposes its mandatory for employers to hold domestic enquiries.
It has been held by Hon’ble Supreme Court of India in Hombe Gowda Educational Trust v. State of Karnataka, stated that giving managers the power to punish a workmanaccording to law, even if the punishment may result in some hardship is important. But, one needs to bear in mind that conducting disciplinary proceedings against a workman is most controversial and often lead to long drawn-out cases. Hence, the management of any industrial establishment must cautiously approach such proceedings and strictly follow the procedure laid down by judicial precedents.
However, the power to supervise this discipline should not be used as tool to arbitrarily dismiss or punish a workman, which would be indeed be very unfair to them. Every establishment is expected to maintain Model Standing orders or Standard Standing Orders which lay down the bye laws of the industry including those dealing with misconduct and discipline.
With the growing importance of human rights, its enforcement and the notions of equality and fairness for all, law has made it necessary for an employer to work in a just and fair manner towards its workers knowing that it is the weaker party in industrial relations. It is for this purposes its mandatory for employers to hold domestic enquiries.
It has been held by Hon’ble Supreme Court of India in Hombe Gowda Educational Trust v. State of Karnataka, stated that giving managers the power to punish a workmanaccording to law, even if the punishment may result in some hardship is important. But, one needs to bear in mind that conducting disciplinary proceedings against a workman is most controversial and often lead to long drawn-out cases. Hence, the management of any industrial establishment must cautiously approach such proceedings and strictly follow the procedure laid down by judicial precedents.
