Madhu.T.K
Industrial Relations And Labour Laws
Jitendersyadav
Hr Manager
+3 Others

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Can we dismiss a worker or employee immediately on the ground of grave misconduct without holding inquiry?
Dismissal without following the basic procedures and the principles of natural justice is illegal. Therefore, charge sheet the employee and ask him to give reply and if it is not satisfactory hold enquiry and based on that take action. As far as possible, punishment should also be as per the Standing Orders, if any, of the company.
Madhu.T.K

Hi,
You have to follow the proceeding and rules laid down in the Industrial Employment (Standing Order).
If that employee mutually accept the misconduct and ready to resign on the spot. you may do so and can relive him with immediate effect by paying his dues.
Rgds/Jitender

Subject - Re:Dismissal
Dismissal or termination without conducting legal & fair enquiry is illegal in the eyes of law. If the employee under reference is involved in serious misconduct, such as Theft/violence behavour/fraud/misappropriation/instigation etc.which if proved in enquiry,will lead to extreme punishment, issue him pending suspension enquiry order & charge sheet.. Collect the evidence for enquiry, & if possible try to obtain the resignation from the charge sheeted employee ,give him certain financial temptation. This may help you
SDP

It depends on the kind of misconduct. While I was working in Bangalore with an Indian multinational, there was a huge strike. In one of the factories, around 100 of over 14,000 employees brought in crowbars and machetes etc and attempted to dig the areas around the machineries and also were bringing down the compound wall. We terminated them instantly without any further enquiry or show cause notice. They went to the court. Our stand was that these employees were threatening the very survival of the organisation and hence there is no room for asking for reasons regarding their actions. The court upheld our argument and allowed the dismissal of the employees without any show cause notice or enquiry. Every court where they went for appeal, including the Supreme Court bench upheld our actions. The lawyer was Mr. Kasturi, the famous labour law expert from Bangalore.

It all depends on the gravity of the misconduct in the eyes of the law. I would suggest that you may consult a good labour lawyer, since there are exceptions to the rule which is permitted depending upon the misconduct. A good labour lawyer will be able to guide you as to where it would be applicable.

The case cited by Anonymous is quite different in circumstances; there was a huge strike, and a large crowd of workers sabotaged the plant etc. The strike might have been illegal and or unjustified. the ratio decidendi of the case is unclear, no citation of case is given. This is not a usual misconduct, and cannot be applied in general.

The requirement for conducting enquiry depends on the category of the worker/employee. if he is a workman as defined in ID Act and if standing order applies, enquiry is required before dismissal, however grave the misconduct be. If he is not (e.g. executive/officer) he may be terminated instantly as per contract of employment. For a worker, even if his appointment letter says "you may be terminated without notice etc." such dismissal is bad in the yes of law. if there is no standing order, and model standing order is applicable, then enquiry may be conducted as per the same. mostly, managements want to send a strong signal to others by summary dismissals of delinquent workers. in such a case, the option is that the delinquent worker may instantly be suspended pending enquiry, and then hold the enquiry, and dismiss him if charges are proved. If an opportunity for defending his case is not given, by without holding an enquiry, the risk involved is that he may come back with rejoice after 5-6 years, some times with full back wages, winning the legal battle in a tribunal or court, which is a serious set back to any management. hence it is prudent to be patient enough to complete the proceedings, slowly but steadily. Also, see sec.33 (2)b, whether its applies (for giving one month's wages), which my guru says is the last nail to be put on the coffin of the dismissed employee! Agar marna tho, pyar se maro.

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