The Industrial Disputes Act (ID Act) in India provides certain protections to "protected workmen", which typically includes union officials. If disciplinary action needs to be taken against such an employee, the following procedure should be observed:
Step 1: Investigation
Before initiating any disciplinary action, conduct an internal investigation to gather all the relevant facts about the alleged misconduct.
Step 2: Show-Cause Notice
If after the investigation, it is found that there is a prima facie case, issue a show-cause notice to the protected workman. The notice should contain all the details of the alleged misconduct and should give the employee sufficient time to respond.
Step 3: Response to Show-Cause Notice
On receipt of the reply to the show-cause notice, if it is unsatisfactory, the next step is to proceed with the disciplinary action.
Step 4: Disciplinary Action
As per Section 33(3) of the ID Act, an employer can only dismiss or discharge a protected workman for misconduct after seeking prior permission from the concerned authority (usually the labor court or tribunal). The employer must submit an application clearly stating the reasons for the proposed action and the response to the show-cause notice.
Step 5: Decision by the Authority
The authority will then decide the case on its merits. If the permission is granted, the employer can proceed with the disciplinary action. If it is refused, the employer cannot proceed with the action.
Step 6: Appeal
If the employer or the employee is not satisfied with the decision of the authority, they have the right to appeal to a higher court.
Please remember to follow due process and maintain a clear record of all proceedings for future reference. Always consult with a legal expert or representative to ensure that all actions are in compliance with the ID Act and other relevant laws.