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Workmen

Dismissal

Anup K Singh

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Process to be adheredProcess to be adhered

Dismissal of workmen has to be dealt under Industrial Dispute Act 1947.

The act provides for establishment of special machinery of conciliation

officer, work committees, court of inquiry, labour court, industrial

tribunals and national tribunals

Show cause

Chargesheet

Enquiry

Guilty / Not Guilty

Forwarded to tribunal

for approval.Dismissed / Not dismissed

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Hire and Fire :

It is now well settled by innumerable

decision that no employer can now

claim an absolute right to hire and fireany of his employee in accordance withthe term of the contract of employment.

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Cases of dismissal generally fall

into three classes :-

Dismissal of servant by his master

Dismissal from office held during pleasure / office ofconfidence

Dismissal from office where there must be somethingagainst a man to warrant his dismissal.

It is the third category of dismissal cases that anemployee can not be dismissed without firstletting him know what is alleged against himand hearing his defence or explanation.

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Charge Sheet- Charter of disciplinary action

.Dismissal can not be on anything other than the subjectmatter of the charge sheet.

Once the enquiry proceedings starts the employeris not allowed or entitled to change the charge

sheet or make any changes in the charge sheetframed and admitted.

Whether no charge sheet was framed or deliveredto any of the workmen before dismissal and no

explanation was called for , the rules of naturaljustice are violated and this gives the tribunal therights to go into the merits of dismissal.

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Charge sheet might not be necessary inthe following circumstances :

Where standing orders were not applicable.

Continued absence or inability to do work due

to such long absence would not need aformal charge sheet to terminate services.

Where standing orders require compulsoryretirement of the employee if he has been

declared medically unfit by the companysdoctor.

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Competent authorities

Works Committee : Representative of employer and workmen

Conciliation Officers : Appointed by notification in official Gazette.

Board of Conciliation: Appointed by notification in official Gazette.

Court of Inquiry : Appointed by notification in official Gazette.

Labour Court :Appointed by notification in official Gazette.

Tribunals :Appointed by notification in official Gazette.

National Tribunals :Appointed by notification in official Gazette.

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Concept of Protected Workmen :Concept of Protected Workmen :

A protected workmen is someone who is an

officer of a registered trade unionconnected with the establishment.

No employer shall during pendency of anyproceeding in respect of an industrial

dispute take any action against protectedworkmen.

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The exceptional cases listed

in section 2 A

An individual workman can raise a industrial

dispute if it falls under cases of Dismissal /Discharge / Retrenchment / Termination /

Transfer

Punishment not amount to above individual

workman cannot raise a dispute if there areno other workmen supporting his case.

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Actions attracting punishment of dismissalActions attracting punishment of dismissal

Breach of Confidence An act to disclose employerssecrets of trade.

Dismissal for not agreeing to transfer

Pen down strike

Illicit sex, gambling and drunkenness outsideemployment