If an industry does not have Standing Orders, how will the disciplinary enquiry take place. The industry is a sports center having about 50 employees. The delinquent employee is salaried at about 20,000/- per month and is culpable of habitual absenteeism.
From India, Mumbai
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1From India, Mumbai
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Dear Aditya, if your establishment falls within the ambit of the definition of the term "industrial establishment" under section 2(e) of the Industrial Employment (Standing Orders) Act, 1946, and in the absence of any certified Standing Orders, you can follow the Model Standing Orders.
If not, and if the employee, irrespective of his salary, falls within the definition of the term "workman" under section 2(s) of the ID Act, 1947, you have to conduct the entire disciplinary proceedings in accordance with the Principles of Natural Justice. This includes framing the charge memo in definite terms and serving it on the employee, evaluating his reply (if any submitted). In case of no reply or an unsatisfactory reply, arranging for a domestic enquiry by a superior officer or an advocate to be conducted fairly by providing a reasonable opportunity to the delinquent to defend himself against the charges leveled, analyzing the enquiry report submitted by the enquiry officer, and serving a copy of the enquiry report to the delinquent. If the disciplinary authority rejects the findings of the E.O and decides to award punishment or accepts the findings of the E.O and decides to dismiss the delinquent, he has to issue a second show cause notice about the proposed punishment. After considering the reply or in the absence of any reply, only then should the punishment be awarded.
From India, Salem
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If not, and if the employee, irrespective of his salary, falls within the definition of the term "workman" under section 2(s) of the ID Act, 1947, you have to conduct the entire disciplinary proceedings in accordance with the Principles of Natural Justice. This includes framing the charge memo in definite terms and serving it on the employee, evaluating his reply (if any submitted). In case of no reply or an unsatisfactory reply, arranging for a domestic enquiry by a superior officer or an advocate to be conducted fairly by providing a reasonable opportunity to the delinquent to defend himself against the charges leveled, analyzing the enquiry report submitted by the enquiry officer, and serving a copy of the enquiry report to the delinquent. If the disciplinary authority rejects the findings of the E.O and decides to award punishment or accepts the findings of the E.O and decides to dismiss the delinquent, he has to issue a second show cause notice about the proposed punishment. After considering the reply or in the absence of any reply, only then should the punishment be awarded.
From India, Salem
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Model standing orders.doc
Industrial Employment Standing Orders Act 1946.pdf
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(Fact Checked)-The user's reply is factually correct and provides a thorough explanation of the disciplinary process in the absence of Standing Orders. Well done! (1 Acknowledge point)