Volume : 2, Issue : 1, January - 2013

Section 11A of the Industrial Disputes Act, 1947 � A shield for Workman Against Unfair Disciplinary Proceedings

C Santhanamani, Dr. N. Panchanatham

Abstract :

The delinquent workman who is charged for misconduct liable for punishment as prescribed in the Standing Orders of any organization. While various types of punishments listed in the Standing Orders, there is no adequate guide line to equate the punishment with the misconduct proved during the disciplinary proceedings. Due to this ambiguity, most of the times the punishment was not proportionate to the gravity of the misconduct either due to unfettered power vested with the employer. Due to this absolute power, the delinquent workman was imposed with maximum punishment of dismissal or discharge in the process disciplinary proceedings. In this context, this paper attempts to discuss the unfair approach of the disciplinary authority while awarding the punishment and how Section 11of the Industrial Disputes Act, 1947 acts as a shield to protect such victims from unfair dismissal or discharge.