Mr. Mittal,
My query to you is, what happens if the activity specifically is not listed in the Standing Orders. The misconduct list is not (and can not) be comprehensive. For example, no one has a misconduct for 'Murder of employee in or out of the premises' (sorry taking a wild example)
So in this case, it is a criminal activity (carrying liquor in a dry state) and it may not be in the Standing Orders because no one ever thought it will happen. So does that mean the person can not be removed from the job for it? Or what clause or what reason should they use for it?
For example, in Central Model Standing Orders, the following only are Misconduct :
(a) wilful in subordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior,
(b) theft, fraud or dishonesty in connection with the employer’s business or
property,
(c) willful damage to or loss of employer’s goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behaviors during working hours at the establishment or any act discipline,
(i) habitual negligence or neglect of work,
subversive of
(j) frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month.
(k) striking work or inciting others to strike work in contravention of the provision of any law, or rule having the force of law.
So, the person can be removed only if he repeatedly brings liquor into the factory in violation of Dry State law?
I hope there is a way out on this