Misconduct Not Listed in Standing Orders: Is It Still Punishable?

mravimtnl
Please clarify if misconduct that is not specified in the standing orders results in the worker committing such misconduct, whether such misconduct is punishable.

Regards,
Ravi
rajanassociates
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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