If you are dismissing an employee by way of punishment for a misconduct allegedly committed by him, you need to conduct a domestic enquiry as pe ryour standing orders if your establishment has one or in the event of standing orders not being applicable to you, as per your service rules, if you have framed one and if you do not have any service rules or if they are silent on disciplinary procedure, then you need to conduct an enquiry as per the principles of natural justice which are binding on an employer.Apart from this, the Industrial Disputes Act and the Constituion will also interfere with arbitrary dismissals.
B.Saikumar
HR & Labour Law Advsior
Mumbai