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sksbaddi@gmail.com
Dear Sir,
I want to know that what type disciplinary action action taken against misconduct (Use in Gutka, abusing and tonting against his senior person) of workers in production area.
With Thanks & Regards
(S.K. Singh)

From India, Delhi
rasikbhaikannan
25

Dear Singh,
You have asked a simplistic question on a topic that needs a huge lot of facts. But gutka use could be an offense inside any office/factory. Abusing anybody anywhere is an offence. Tonting you cannot prove.
Be more specific in future questions.
Kannan

From India, Madras
arunmjadhav
190

S.K.Singh,
Threatening, abusing or assaulting any superior or co-worker / Indecent behaviors while on duty at the place of work is misconduct under model standing order act 1946.
If you have your own certified standing orders and if you have mentioned Gutka chewing will be treated as misconduct then you can do following things............
1. Issue him show cause notice asking his explanation.
2. After receiving his explanation where he accepts his misconduct.
3. Then issue him suspension letter maximum 4 days you can suspend him.
Arun J.

From India, Hyderabad
Arunjain.ncl
146

Dear Mr. Singh,

Mr. Arun J has very rightly pointed out about Standing Order. I would like to elaborate further.

Disciplinary action can only be initiated on misconducts which have been defined in the certified standing order of your company or Model Standing Orders.

As far as my knowledge goes, I have not heard anything about "gutka chewing" defined as misconduct in some of the many standing orders I have come across. So unless it is defined as misconduct in your Certified standing orders, it is not a misconduct as per law. However, in order to inculcate awareness against use of tobacco or its other forms like gutka, you can paste/display posters, go for wall writing educting about the ill effects of use of tobacco/tobacco products. General awareness program can be conducted, but it cannot be enforced by law.

As regards use of filthy language(abuse). It is a misconduct. First get a written complaint from the person who has suffered the same and then only go for disciplinary action. It has been seen in past that in absence of written proof, the initiator (of disc.action) is put to feel sorry in absence of evidence as most of such persons are gunda elements and sufferers are afraid of them.

Rest you have to apply your mind and knowledge. Every thing cannot be given a tailor made solution.

AK Jain

From India, Jabalpur
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