Charge-Sheet, Enquiry & Punishment

CHAPTER 1: SCOPE AND EXTENT OF LEGAL PROVISIONS

• Applicability of the law
• Text of Standing Order 15 -- Charge-sheet, Enquiry & Punishment Procedure
• Position in establishments not covered by law

CHAPTER 2: WHAT IS AND IS NOT A MISCONDUCT

• What is not a misconduct
• What is a misconduct
• Case-law on misconduct

CHAPTER 3: CHARGE SHEET

• Charge-Sheeting the workman
• Letter of Charge(s)
• Order of Suspension
• Charge-Sheet through the press
• Consideration of worker`s explanation
• Other points concerning charge-sheet
• Case-law on charge–sheet

CHAPTER 4: SUSPENSION

• Case-law on Suspension

CHAPTER 5: ENQUIRY

• Notice of Enquiry
• Technical points on Enquiry
• Notice of Enquiry through the press
• Other points concerning Enquiry
• Case-law on Enquiry

CHAPTER 6: SECOND SHOW-CAUSE NOTICE

• Second Show-Cause Notice
• Case-law on Second Show-Cause Notice

CHAPTER 7: PUNISHMENTS

• Dismissal
• Notice of Dismissal
• Demotion
• Withholding of increment or promotion
• Fine for acts of misconduct
• Letter imposing fine for misconduct
• Fine for acts and omissions not constituting misconduct
• Letter imposing fine for acts and omissions not constituting misconduct under S.O. 15(1)
• Warning
• Letter of Warning for acts or omission under S.O. 15(1)
• Punishments during criminal trial
• Punishment for illegal strikes

CHAPTER 8: LEGAL DUES OF A DISMISSED WORKMAN

• Time Limit for payment of legal dues
• What is included or excluded from legal dues ?
• Long-Term retiral Benefits - Gratuity and Provident Fund
• Review of Punishment by Labour Court

CHAPTER 9: EMPLOYERS` PERFORMANCE ON S.O.15 PROCEDURE

• Technical violations of S.O.15 procedure-- major reason
• Examples of poor and defective enquiry
• Examples of proper, just and fair enquiry