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Disciplinary Proceedings And Domestic Enquiry Under The Industrial Employment Act 1946 & The Industrial Disputes Act, 1947




Ahilan S, Vellore Institute of Technology


ABSTRACT


Industrial discipline plays an essential role in maintaining order, productivity, and fairness in workplaces. Effective disciplinary procedures help organizations maintain efficiency while ensuring that workers are treated fairly and protected from arbitrary action. In industrial relations, discipline represents a balance between the managerial objective of maintaining productivity and the workers’ right to fair treatment and justice.


The legal framework governing disciplinary proceedings in India is primarily based on the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947. These laws establish clear procedures for defining misconduct, conducting domestic enquiries, and resolving disputes related to disciplinary actions taken against employees. Domestic enquiry acts as an internal investigative mechanism through which employers determine whether an employee has committed misconduct and whether disciplinary action is justified.


This article examines the concept of industrial discipline, the legal framework governing disciplinary proceedings, and the process of conducting domestic enquiries. It also analyzes the principles of natural justice that ensure fairness during disciplinary proceedings and discusses significant judicial decisions that have shaped the interpretation of these laws.


Keywords: Industrial Discipline, Domestic Enquiry, Standing Orders Act, Industrial Disputes Act, Natural Justice.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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