Disciplinary Dilemma: Can We Penalize a Worker for Admitting Mobile Use in a Restricted Area?

A charge-sheeted workman during the inquiry submitted some pictures/documents in his defense. As per his statement, he had taken photographs from his mobile on the plant premises. However, carrying mobile phones inside the plant premises is strictly prohibited as per safety norms.

Question on Disciplinary Action

My question is: Can we take disciplinary action against the charge-sheeted workman for carrying a mobile inside the plant premises based on his admission during the inquiry proceedings that he carried a mobile inside the plant and run both the inquiries concurrently?

Regards,
**Location**: Delhi, India
Safety norms, disciplinary action, domestic enquiry, Country-India, City-India-Delhi

In this scenario, the admission made by the charge-sheeted workman during the inquiry proceedings can indeed be used as a basis for disciplinary action regarding carrying a mobile phone inside the plant premises, especially when it is strictly prohibited as per safety norms. Here's a practical approach to handling this situation:

- Review Company Policies: Firstly, ensure that the company's policies clearly state the prohibition of carrying mobile phones within the plant premises for safety reasons.

- Legal Compliance: Check the relevant labor laws and safety regulations in India, particularly in Delhi, to confirm the legality of taking disciplinary action in this context.

- Conducting Concurrent Inquiries: It is advisable to run both inquiries concurrently to address the issue effectively. The disciplinary proceedings should focus on the violation of safety norms related to carrying a mobile phone inside the plant.

- Fair Investigation: Conduct a fair investigation considering all evidence presented during the inquiry, including the workman's defense statement and the company's safety policies.

- Employee Communication: Communicate clearly with the charge-sheeted workman about the violation, the consequences, and provide an opportunity for them to explain their actions further.

- Disciplinary Action: If the violation is substantiated and found to be in breach of safety regulations, take appropriate disciplinary action as per the company's policies and in compliance with labor laws.

- Training and Awareness: Consider providing refresher training on safety protocols and rules to prevent similar incidents in the future.

By following these steps, you can address the issue of carrying a mobile phone inside the plant premises effectively while ensuring compliance with labor laws and maintaining a fair disciplinary process.