WRONG DONE [MISCONDUCT] BY LABOUR: –

 No person is entitled to do wrong during his employment. He is not authorised to do some wrongs even when he is not on duty or in his private life. In legal term wrongdoing is generally called misconduct. There is a big list of misconducts, some of them are; –

1. Absence from duty, overstay of sanctioned leave.
2. Fraud or dishonest activity.
3. Negfligent.
4. Inefficient
5. Disobedience of superior.
6. Late coming on duty.
7. Drinking/Gambling at work place.
8. Damage to Company property.
9. Seeping during duty hours.
10. Threatening/Assault / Insult of superiors or other workers.
11. Stealing or attempting to steal Company Property.
12. Conviction by criminal Court. Which involves crimes of Moral Turpitude. .
13. Misrepresentation for getting employment.
14. Eve teasing, molestation etc; of female workers.
15. Meeting etc., of Trade Union in Company Premises.
16. Shouting slow offensive slogans, in Company Premises.

This list is very extensive and most of the things, which our common sense accepts as misconduct, are part of it.

PRELIMINARY ENQUIRY: –

 After misconduct comes into the knowledge of Management; it normally conducts a preliminary enquiry. It is for examining whether any prima facie case is found for alleged misconduct. If any material found which sustains prima facie alleged misconduct, then a detailed enquiry is made otherwise the case is closed.

 CHARGE SHEET: –

 If after preliminary enquiry, a prima facie case was found for alleged misconduct a charge sheet is served to employee [Labour].

The charge sheet main purpose is to give knowledge of alleged misconduct to employee so, it can defend itself.

Charge sheet should be in commonly understood language and should contain alleged misconduct with particulars.

It should also specify reasonable time period for replying the charge sheet. A clear-cut reference of consequences in case of timely reply is not given, should also be made.

Employer must issue charge sheet himself or by any other person authorised by him.  It can be served personally to employee or by registered A.D. Post. If both system fail it should be published in regional News Papers.

 If on reply of charge sheet employer or authorised persons satisfied that employee did no misconduct they can close the case. But in case of no reply or unsatisfactory reply it will be necessary for Employer to hold further detailed enquiry. This enquiry is generally called Domestic enquiry.

 DOMESTIC ENQUIRY: –

Domestic enquiry is conducted to see in detail whether alleged charges are sustainable. Firm which had their standing order /service rules had procedure of such enquiry in their standing order/service rules. Otherwise principles of Natural justice should be observed.

 At first step an enquiry officer is appointed. The enquiry officer should not have any personal interest or witness of the incident.

The enquiry officer should give notice of enquiry to employee specifying date time and place of enquiry with his name. The notice of enquiry can be served to employee in the same manner, as charge sheet .It should give sufficient advance time to employee in a language easily understandable by employee.

  If notice of enquiry is properly served to employee and employee does not present it before Enquiry Officer the enquiry can be held Ex- Party.

If employee present itself before enquiry Officer at the time date and place of enquiry. All allegations on him are explained to him.

 First the employer or his representative produce evidence in support of their allegation before the enquiry officer. After that employee produces evidence in his defence. Both parties can cross-examine the witness / evidence of each other. After evidence both parties give arguments in their favour

Enquiry officer records enquiry proceedings. The copy of this record is given to employee. Employee should also be made available any material, document, etc; on which enquiry is relied on.

In the end Enquiry Officer made an enquiry report, the report should contain brief introduction of case, charges against the employee, evidences produced before him, and his findings whether charges are sustainable or not. This finding should be based on evidence and reasons. Finding can   found charges sustainable or not sustainable.  The enquiry report is submitted to employer or his authorised representative

SHOW CAUSE: –

 After considering the enquiry report if it is found necessary to award punishment the employee should be served with show cause notice. The show cause notice contains proposed punishment and copy of enquiry report. It asks employee to show cause why the proposed punishment should not be awarded to him. The show cause is issued to give opportunity to employee for presenting his side. It also contains reasonable time period for replying.

 PUNISHMENT: –

After considering the reply of show cause by Employer or his authorised representative if they found employee responsible for misconduct they can award punishment including dismissal of service. While deciding the quantum of punishment the gravity of misconduct must be seen and punishment should be according to it.

 TWO MAJOR EXCEPTIONS: –

There are two major exceptions in law when an employer need not hold any enquiry for awarding punishment to employee.

1. If he is convicted by criminal court involving crime related to moral turpitude
2. If a probationary employee services are to be terminated during probationary period.