Disciplinary problems and cases constitute a substantial arena of industrial disputes and labour litigation in the country. In this field of disciplinary litigation, the secret of success is the skill of applying law to the situation of a particular misconduct and the ability to prepare draft and build a record of inquiry which will satisfy the requirements of natural justice, disciplinary law and dicta handed down by the Supreme Court of India from time to time on the manner. The stakes of parties, especially the employers, are heavy in these seemingly simple looking cases, because if a workman is reinstated with back wages, the reward may well run into, on an average amount equivalent to 30-36 months? wages, the normal period which such a case takes to come to a decision. This work is a practical and pragmatic handbook that explains the minutiae of domestic inquiries and disciplinary cases. It is written for the benefit of both the employers as well as the workmen because it not only explains how to conduct an inquiry but also how a workman can defend himself at the inquiry. The book contains extensively, at every stage, drafts which the parties have to prepare, but e also an operating manual by giving minutest details of step-by-step proceedings of the domestic inquiry. Case-study method, a modern management technique, has been employed. The present work has been designed to fill up a long felt need for such a practical handbook.
Table of Contents * General Contents * Title Page * Preface To The Third Edition * Preface To The Second Edition * Preface To The First Edition * Contents * Table Of Cases * Subject Index
Chapter 1. * I. Nature Of Disciplinary Jurisdiction * Ii. Rules Of Natural Justice * Iii. Actionable Misconduct * Iv. Authority To Take Disciplinary Action * V. Taking Decision To Initiate A Disciplinary In-Quiry * Vi. Domestic Or Criminal Proceedings Or Both? * Vii. Power To Dispense With Enquiry * Viii. How To Draft The Charge-Sheet * Ix. Specimen Forms And Precedents Of Charge-Sheets * X. Service Of Charge-Sheet
Chapter 2. * Xi. Passing Suspension Order * Xii. Appointment Of Inquiry Officer * Xiii. Who Can Represent At The Domestic Inquiries * Xiv. Production And Inspection Of Documents * Xv. How To Conduct A Disciplinary Inquiry * Xvi. How To Appreciate The Evidence In Discipli-Nary Matters * Xvii. How To Prepare The Findings
Title
How to Conduct and Defend Disciplinary Inquiries and Cases
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