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P.ESAKKIMUTHU (LABOUR CONSULTANT)     30 August 2008

Decisions on disciplinary proceedings

The labour court seized the matter of preliminary issue of validity of domestic enquiry. Whether validity of disciplinary proceedings such as passing of orders by incompetent persons, such as past records of service not considered properly by the management  etc can be taken up with the issue of validity of domestic enquiry. When once the Labour Court decides the validity of the enquiry as fair and just, it next goes to Sec 11 A of ID Act and not the issues related to the validity of disciplinary proceedings. Any citations,if any mat be quoted



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 2 Replies

H. S. Thukral (Lawyer)     01 September 2008

If the inquiry has been ordered by someone other than the discipilinary authority, the point can be considered during the discussion on prliminary issue but if it is regarding termination of services, by other than the competent authority, it has to be considered as a separate issue. The past record of the workman shall be considered while deciding the quantum of punishment or substituting any other punishment by the industrial court. under 11-A. Each issue has  separate case laws.  

Milijnd Kumar Dange (Conculting)     23 October 2008

Dear Thukral,


I have a very interesting case in departmental proceedings. Please give me your mail ID so that I can send all the details to you.


 


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