Fairness in Disciplinary Process: Misconduct and Disciplinary Enquiry
Volume IV, Issue I, 2021
The Indian Judiciary is known for its extremely elaborative Constitution, though which is drafter very well has many loopholes, when executed. The Judiciary system believes in the Principles of Natural Justice that ensure the rights of every individual, especially in Labour Law. Discipline is considered a backbone in ensuring a smooth functioning of the workplace that would yield high productivity. The Indian Labour Laws have laid down for a procedure to solve matters relating to the Misconduct of the employees which is known as the Disciplinary Process. Though a provision has been made for this, there are no set guidelines which opens the room for manipulation of the employees by the employers, falling under Unfair Labour Practices and Victimisation. A preliminary enquiry must be conducted to establish any kind of misconduct has been conducted at the first place. The Principle of Natural Justice would ensure the rights of the employee are not violated and that he is given a fair chance to be heard. Despite the loopholes, the disciplinary process has eliminated a lot of discipline related issues and also aims at maintaining the decorum of the workplace as well as the relations between the employer and employee as well as an employee and an employee.
Keywords: Principles of Natural Justice, misconduct, discipline, loopholes, Labour Law, Unfair Labour practice, Disciplinary process, employers, employees.