Punishing authority....
prashant1314
(Querist) 28 November 2011
This query is : Resolved
Dear Seniors,
1) Who should be the Punishing Authority in ( Private ) Limited Comopany?
2) Where ( In which Act + Section ) the Punishing Authority is defined?
3) Is there any difference between Disciplinary Authority & Punishing Authority?
4) If the Appointment Letter issued by GM HR then can Manager HR ( Who is not appointing Authority as per Appointment Letter ) has right to terminate the services of the accused employee?
Advocate. Arunagiri
(Expert) 28 November 2011
The company can have its own rules on this matter. No act governs the punishing officer of Pvt Ltd company.
Sailesh Kumar Shah
(Expert) 28 November 2011
I completely agree with views of Shri Arunagiri.
Guest
(Expert) 28 November 2011
Dear Prashant,
As per my observation in the past, you often need answers to plenty of questions on conduct, discipline, and displinary procedure for enhancing your knowledge. So, my advice to you is to purchase some standard books on the subject to read and then come for clarification, if you still feel any problem to understand that properly.
Besides, you also need to go through delegations to various authorities of your own organisation.
Casual replies on generic queries may not help you much.
Devajyoti Barman
(Expert) 28 November 2011
I fully support the view of Mr Dhingra.
V R SHROFF
(Expert) 28 November 2011
The Employer may punish the Employee for misconduct as per Standing Order. The authority is delegated by Employer, usually to Personnel Dept, HR, and it's punishment , especially termination of workmen's service to be justified by concerned authority (AIR 1965 SC 1946) Employer can authorize any officer/ manager of it's choice who is competent and Expert in the field of Industrial Dispute, & Labour Laws.
Prashant, I also agree with Mr. Dhingra and suggest u to go thru books & relevant Court Judgement in your field.
Visit Dr. madhvi, Doctorate in Labour Laws , at Dr. Ambedkar College of Law at Wadala, Mumbai-14 who will provide you with all these free of charge, refer me if you want.
Rajeev Kumar
(Expert) 28 November 2011
I also agree with arunagiri and Dhingra JI
M/s. Y-not legal services
(Expert) 28 November 2011
