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Discipline by Sushmita

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30 views31 pages

Discipline by Sushmita

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Meet Lalcheta
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DISCIPLINE

BY SUSHMITA GHOSH
REG :10002
DISCIPLINE

Discipline is very essential for a healthy ,industrial atmosphere and the achievement of organisational goals. It is
an acceptable performance from subordinates in an organization depends on their willingness to carry out
instructions and the orders of their superiors which is to be abide by the rules of conduct, and maintain satisfactory
standards of work. The concept of discipline emerges in a work situation from the interaction of managers and
workers in an organisation

Indiscipline-The term indiscipline can bed described as non-conformity to formal and informal rules and
regulations,Indiscipline results in chaos confusion, and diffusion of results . It gives rise to strike,go-slows,
absenteeism, leading to loss of production, profits and wages
APPROACHES OF DICIPLINE

 THE INFOMAL APPROACH


 THE INFORMAL APPROACH
 THE JUDICIAL APPROACH
 THE HUMAN RELATION APPROACH

 THE HUMAN RESOURCES APPROACH


 THE GROUP DECIPLINE APPROACH
 THE LEADERSHIP APPROACH
INDUSTRIAL EMPLOYMENT (STANDING ORDER
ACT 1946 )
• This Act is to require employers in industrial establishments to formally define conditions of
employment under them and submit draft standing orders to certifying Authority for its
Certification.
• It applies to every industrial establishment wherein 100 (reduced to 50 by the Central Government in
respect of the establishments for which it is the Appropriate Government) or more workmen are
employed. And the Central Government is the appropriate Government in respect of establishments
under the control of Central Government or a Railway Administration or in a major port, mine or oil
field. Under the Industrial Employment (Standing Orders) Act, 1946, all RLCs(C) have been declared
Certifying Officers to certify the standing orders in respect of the establishments falling in the Central
Sphere.
PROVISIONS

• Provision of Payment of wages


• Provision of stoppage of work
• Provision of termination of employment
• Provision of regarding attendance & late coming
Thank you
• In establishment where the industrial employment act is applicable , the punishments are specified in model
standing orders or specified standing orders, hence management cannot award punishments other than those
mentioned in the standing order.
• Depending upon the gravity of the misconduct a variety of controls to ensure employee discipline are available.
• Dismissal, discharge and suspension are categorised as major punishment whereas fine, warning and censure are
awarded as minor punishment.
• There are 2 way of suspension-
1. Pending Investigation Suspension- occurs when an employer temporarily removes an employee from work while
an investigation into alleged misconduct or other issues is being conducted.
2. Punitive Suspension-occurs when an employer suspends an employee as a disciplinary measure for violating
workplace policies or rules.
• Termination- It refers to the ending of an employment relationship between an employer and termination can occur
ways in ways of:
• Discharge-it amounts to termination of service by giving notice or payment and acceptance of money in lieu of
such notice.
• Discharge simpliciter- means termination of an employee’s services for loss of confidence and does not necessarily
imply any act of misconduct.
• Dismissal- it is an form and usually awarded only when it becomes incompatible to continue employer-employee
relations. It is also awarded in case of willful insubordination, riotous or disorderly behavior, theft etc

Malafide, Victimization or unfair labour. Practice


• All three terms have very similar meanings and are sometimes used interchangeably.In case where a charge sheet is
issued and an enquiry follows and dismissal is awarded, the question of bonafides can be raised and the tribunal
has the power to consider whether the dismissal was with a certain motive or not.
• A workman can be considered to be victimized when:
- he is innocent but has somehow displeased the employer
- the punishment awarded is quite out of proportion to the gravity of the offence committed.
Basic errors of facts
If the finding of the enquiry are based on extraneous evidence, or if a workman is punished for a charge other than
that mentioned in the charge sheet, then the management will be guilty of committing a basic error of the fact.

Perverse Findings
If the enquiry officer records perverse findings then the enquiry stands vitiated. . Generally, this happens when the
findings are not supported by evidence as record in the proceeding of the enquiry or a conclusion cannot be arrived at
from the records of the domestic enquiry.
The tribunal has the power within its jurisdiction to:
i. Concur with the decision of management or
ii. Disagree and substitute (a) reinstatement with full back wages or (b) reinstatement with part wages or (c)
reinstatement without wages or with suspension within or beyond the pale of standing orders or withholding of
increment or any punishment other than the extreme one of termination of service; or
iii. Award compensation in lieu of reinstatement on the ground that the employer has lost confidence in the charged-
sheeted employee.
Conclusion

• It is important for employers to ensure that disciplinary action is taken in a fair and just manner, based on the facts of
the case, and with due consideration to the rights and welfare of employees.
• Employers should conduct thorough investigations, provide employees with a fair hearing, and ensure that
disciplinary decisions are supported by evidence and applicable laws and regulations. This will help to prevent basic
errors of fact and perverse findings in punishment, and ensure that employees are treated fairly and justly.
• Employees who believe that they have been subjected to unfair or unjust disciplinary action have the right to
challenge the decision through the appropriate channels, such as filing a grievance or complaint with the jurisdiction
or labor union. Ultimately, the goal of punishment in discipline is to maintain a harmonious and productive
workplace, where employees are treated with respect and dignity, and the interests of both employers and employees
are protected.

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