Charges are proved against a workman during the domestic enquiry. However, the present misconduct is not a good ground for dismissal. If we club the past conduct of the workman it is a good ground of dismissal. My question is can we mention the past conduct of the workman while passing the dismissal order justifying his dismissal? Earlier at any stage of disciplinary proceedings, we have not mentioned the past conduct of the workman.

Please suggest with case law.


From India, Delhi

it is injustice. either you have to mentioned past misconduct in charge sheet as well in domestic enquiry. but if you did not then need to give him relax and in future you can take past misconduct for reference.
From India, Rudarpur

Though the charges are proved in the domestic enquiry, the quantum of punishment shall be based on the gravity of the misconduct proved in the enquiry. If the proved misconduct does not warrant the extreme penalty of dismissal, then it is not advisable to punish him with dismissal. The history of past misconduct can be surely mentioned in the second show cause notice and dismissal order to strengthen the action taken by the Management. However, if the dismissal if only for a small misconduct, then past history, however worst, will not substantiate if the workman challenge the order of dismissal before the Court.
Ranganathan R S

From India, Madras
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