Discipline is a pre-requisite for smooth running of any organization therefore it must be enforced in the organization for its survival, said Mr. Ashok Khanna, Past President, PHDCCI, adding that the most industrial disputes and conflicts got traced due to inadequate attention paid to the human resource development by the management. He was addressing a seminar on Disciplinary Proceedings organised by PHD Chamber of Commerce and Industry here today.
He suggested that the management should not always take a strictly legal approach but should take into consideration the socio-economic needs of the employees while taking any action to counter a problem of indiscipline and punishment if it is to be given, should be corrective rather punitive in nature.
Addressing the seminar, Dr. Harish Nayar, Assistant Labour Commissioner, Punjab said that for maintenance of discipline and congenial atmosphere in any organization, it is necessary to establish such personnel policies that would encourage initiative, sense of responsibility, task performance and spirit of colleagueship and concern for fair play. It has become important to develop system based personnel policies so that a particular piece of decision is examined in the light of its inter-connectedness with those in existence for categories of employees, he added.
Deliberating on the procedures of enquiry, Mr. M. Dias, Co-Chairman, Industrial Relations Committee PHDCCI said that during an enquiry proceedings, charges should be explained to the workman giving him an opportunity to accept or deny the charges and if he denies, the enquiry would proceed further. He described the nuances of drafting charge sheet, explanation, enquiry notice, appointment of enquiry officer, suspension etc. during his detailed presentation.
Mr. P K Sharma, Legal Advisor, PHDCCI explained about enquiry officer, role of management representative and drafting of enquiry reports. He informed that during an enquiry, it is the responsibility of the management or the workman to produce their evidence, documentary as well as oral and it is not the duty of the enquiry officer to ask any party to produce the witnesses or documents. On enquiry report, he said the it was mandatory for the management to provide enquiry report to the workman before awarding any punishment to him and if he submits any comment on that report, it has to be kept in view by the disciplinary authority before awarding punishment.
Giving presentation and illustrations on 'Misconduct', Mr. H C Sehgal, Senior Vice-President, Legal, DLF Universal Ltd. said that any conduct of an employee might amount to misconduct if it was harmful to the establishment or it was connected with his employment or discipline of the establishment, whether committed within or outside the premises. He informed that certain acts of an employee though may seem to be not proper but are not treated as 'misconduct' for the purpose of disciplinary action, such as refusal by the workman to operate a new machine on the ground that he had not operated the same earlier. In this case, it cannot be treated as willful refusal to obey lawful and reasonable orders and therefore the employer should provide necessary training instead of taking disciplinary action against the worman, added Mr. Sehgal.
Explaining the Punishment under section 11 A, Mr. Dias said that it should be borne in mind that the labour court or the industrial tribunal, if satisfied that the order of discharge or dismissal was not justified, can set aside the order of discharge/dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to workman including the award of any lesser punishment in lieu of discharge/dismissal as the circumstances of the case may require.
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