Law Relating to Disciplinary Proceedings in Industries
By H. L. Kumar 6th Edn., 2009 (PB) Rs. 325
Published by: Universal Law Publishing Co. Pvt. Ltd., New Delhi - India
The difficult task of disciplinary action in industrial relations, the principles and procedures of disciplinary action are governed to an extent by standing orders but mainly by enunciation of the principles of natural justice and their application to the domestic enquiries. In domestic enquiries most of the law is not codified and at many times, the employees, enquiry officer and representatives of the employees, and the employer are faced with a dilemma as to whether a particular procedure adopted is in accordance with the principles of natural justice or not. In the absence of clear enunciation of the applicability of these principles in varying circumstances they are likely to suffer serious consequences. For disciplinary action, a domestic enquiry occupies an important position under Labour laws. Thus the enquiries are required to be held with utmost regard to the principles of natural justice and the ratio of the decided cases. The proliferation of labour laws in recent years in India , has made the ta sk of executives who are responsible for managing people very difficult since many of them are not lawyers and have to depend upon others for advice. In this book, the entire law relating to disciplinary action is represented in one place with adequate comments and analysis of the leading cases in the Law Reports. Every effort has been made to present the book in a concise and lucid form with up-to-date case law. Some Judges of Supreme Court and the High Courts believe that 'legal positivism' is an anathema to 'judicial activism' and therefore they prefer the latter. And this tendency has certainly gone a long way in providing a new dimension to labour laws. In some spheres the labour laws, more precisely the judge made labour laws have changed beyond comprehension.