The law that evolved in India on disciplinary proceeding is mostly based on judicial pronouncements as we do not have specific law in the arena. The Central government and State government has their own set of service rules which governs as to how a disciplinary proceeding has to be conducted for their employees. Further, the constitution of India guarantees protection to civil servants under article 311 from taking any arbitrary action by the government. However, the vast majority of private sector employees neither have such protection nor there is any law which lays down the procedure for disciplinary proceeding. Clause 5 (f) of fifth schedule of the Industrial Disputes Act only says conducting domestic enquiry in utter disregard to the principles of natural justice will be deemed to be an unfair labour practice. The only place where we may find some procedure being laid out for disciplinary proceeding if the establishment has a standing order or a service rule for their employees. In absence of any law being laid out the only point of enquiry for courts are to find out...
Labour Law
For effective disciplinary procedure, time to establish a framework
At present by and large disciplinary procedure to conduct enquires are governed by judge made law. What is important is to bring a well-defined law taking the present aspects of disciplinary proceeding in place and reform it to make it more acceptable, short and creditable to the industry and workmen/employees as well.
Author
November 2024
