Dear all Pls clarify if a misconduct is not specified in standing orders and the worker commits such misconduct. Whether such misconduct is punishable. regards ravi
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Legal Standpoint on Non-Enumerated Misconduct
In Glaxo Laboratories 15(1) Ltd. v. Labour Court, Meerut and Others (1984-1-LLJ-16), the court held that a non-enumerated misconduct cannot be the subject matter of a disciplinary action. Following this view, in U. P. State Electricity Board v. Hari Shankar Jain (1978-11-LLJ-399) (SC), it was ruled that any action taken without amending the certified standing order is not legal.
The above represents the legal standpoint, but it is advisable to seek specific legal advice tailored to your unique circumstances.
Regards,
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
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[Phone Number Removed For Privacy Reasons]
From India, Bangalore
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In Glaxo Laboratories 15(1) Ltd. v. Labour Court, Meerut and Others (1984-1-LLJ-16), the court held that a non-enumerated misconduct cannot be the subject matter of a disciplinary action. Following this view, in U. P. State Electricity Board v. Hari Shankar Jain (1978-11-LLJ-399) (SC), it was ruled that any action taken without amending the certified standing order is not legal.
The above represents the legal standpoint, but it is advisable to seek specific legal advice tailored to your unique circumstances.
Regards,
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail: [Email Removed For Privacy Reasons]
[Phone Number Removed For Privacy Reasons]
From India, Bangalore
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Standing Orders Lilly Fashion.doc
DISCIPLINARY ACTION.ppt