Termination Process for Permanent Workers Under the Industrial Disputes Act: How to Handle Violent Incidents?

Termination Process Under the Industrial Disputes Act of 1970

As per the Industrial Disputes Act of 1970, what is the process for terminating a permanent worker who has slapped his supervisor, manager, peer, or subordinate?

Immediate Suspension and Inquiry Process

Suspend him immediately pending inquiry. Then prepare a charge sheet showing the charges leveled against him, describing in detail the incident that happened with names of persons involved, names of witnesses, date and time of the incident, and the relevant clauses of the certified Standing Orders which state that the said incident is a serious misconduct. Ask him to reply to the charges within a period, say, seven days (which may also depend upon the clause in the Standing Orders).

Then collect the reply and if it is not justifiable, send another letter stating that the reply is not satisfactory and he has to face an inquiry into the incident. Declare an inquiry, conduct the inquiry, obtain the inquiry report, and take disciplinary action (termination, dismissal, etc.) as deemed fit following the provisions of the Standing Orders.

In the absence of certified standing orders, you may refer to the employee handbook, code of conduct, or even the general rules of the company. Terminating without following the above procedures will lead to court intervention, and sometimes the court will order reinstatement with a directive to conduct a proper inquiry and then decide.

Regards,
Madhu.T.K

While conducting an inquiry, a copy of the inquiry proceedings should be given then and there. After the EO submits the findings, a copy of the same should also be given to him. Before deciding on the punishment of dismissal, the past records of the delinquent worker, the severity of the acts of misconduct committed, and any other extenuating reasons are to be considered. The proposed punishment of dismissal should be communicated to him through a notice called the second show cause notice, asking him to show cause within 7 days of receipt as to why the proposed punishment should not be imposed on him. If his reply is not satisfactory, then the dismissal order should be sent to him. This order should be a speaking order containing the above opportunities as per the principles of natural justice and explaining why awarding the proposed punishment as the sole punishment is justified.

Additionally, as per the Industrial Disputes Act, if any dispute is pending prior to the dismissal before any labor forum involving the worker, then an application for dismissal should be filed simultaneously before such authority along with the dismissal order. A copy of those papers, along with one month's notice pay, should be provided to the worker.

The above procedures are general guidelines, and the actual situation may slightly vary depending on circumstances and the Chief Security Officer (CSO) of the establishment.

Regards,
M. Venkatraghavan

Gross Misconduct: Physical Assault in the Workplace

Slapping a junior, colleague, or senior is considered gross misconduct. Therefore, a Manager in HR has no right to slap workers.

In such a case, please take a written complaint from the supervisor/manager and testimony of the witnesses. Then issue a Suspension Letter pending inquiry to the workers. Please note that you need to pay subsistence allowance to the worker from the date of suspension.

Issuing a Charge Sheet

Next, issue a Charge Sheet to the worker, which elaborates on the incident, date, time, and charges leveled against him, the misconduct as per Certified Standing Orders/Model Standing Orders. It should also include the date, time, and venue of the Domestic Inquiry, and the name of the Inquiry Officer. If the inquiry is conducted away from the workplace, then travel fare needs to be given to the concerned worker.

The alleged worker must be given a chance to explain his case either by himself or by a defense representative. He has the right to cross-examine the management witness and evidence.

Conducting the Domestic Inquiry

The Inquiry Officer needs to be appointed by giving him an appointment letter and a copy of the charge sheet. The Inquiry Officer needs to conduct the domestic inquiry in a fair manner and submit his report to the management with his findings. Upon receipt of the inquiry report, the management needs to send the inquiry report to the alleged worker along with a show-cause notice as to why disciplinary action should not be taken against him. Upon receipt of the reply to the Show-Cause Notice, the management may decide on the possible punishment to be given to the worker as per Certified Standing Orders/Model Standing Orders (Dismissal, Fine, Suspension, etc.).

Human Rights Consideration

Please note that no one has the right to slap anybody or cause bodily injury to anyone. Whoever does so is violating Human Rights, and disciplinary action may be taken against him.

Regards,
Avinash K.

No, a labor welfare officer is a statutory position, and he cannot be an inquiry officer. I would suggest hiring an independent, knowledgeable inquiry officer.

The statutory LWO cannot perform tasks like a domestic inquiry or attending conciliation before government authorities. Either a company official or an independent outsider can conduct the inquiry. The principles of natural justice are to be followed in conducting the inquiry. In the inquiry, the management side can be represented by any official, but if he is a lawyer, the other side also needs to be represented by a lawyer. The Enquiry Officer (EO) should record the proceedings of the inquiry, and after completion of a page, all those present in the inquiry should sign. Only then should the recording proceed to the next page. A copy of the inquiry proceedings should be given to the worker, and the acknowledgment of the same should be recorded in the inquiry proceedings itself by the signature of the worker and his co-worker/helper/assistant.

If the delinquent worker accepts the charges in toto, then the same should be recorded in the inquiry proceedings with the signature of the delinquent worker just below the recording. In that case, the inquiry need not proceed further and can be closed.

If the delinquent denies the charges, then the inquiry shall proceed as already stated by AKATRAP above. After the inquiry, a copy of the inquiry findings should be provided to the worker for his comments on the inquiry finding. After providing him with a copy of the findings, a second show-cause notice intimating the proposed punishment should be served on the worker.

Regards,
M. Venkatraghavan

Steps for Handling Workplace Incidents

The first step is usually to get written statements of the incident from both parties. Then, read both statements to establish the facts.

The second step is to invite both parties to separate meetings to listen to their accounts of the event. This aligns with the principle of natural law—"listen to the other side of the story"—before imposing punishment.

The third step is to refer to the employee code of conduct set by your organization, then organize an interview to establish if there is any case to answer. Those present in the interview should be high-ranking individuals in the organization. Adjourn and reconvene the interview; the decision in this regard should be based on the weight of the offense.