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Domestic Enquiry In Labour Law





Advocate Abhilasha Sharma, Divyansh Jain* & Vibhor Goel**


ABSTRACT


"Domestic Enquiry" is typically applied for the purposes of an inquiry into alleged indiscipline and misconduct. Departmental enquiry is a more common concept that may be extended to all court and enquiry jobs. The problem has now been settled. Support care can be granted to citizens by executives, not courts of law. “It is common for disciplinary authorities in a department or in an industry to appoint an officer or officers to inquire into the allegations against an employee”. They are commonly referred to as "investigations" and are also known as "domestic inquiries".


Domestic enquiry is similar to a court of trial, except when a court of law is held for offences committed against mankind, domestic enquiry shall be kept for crimes committed against the state and shall be prosecuted in compliance with corporate laws and regulations. When an employee commits a crime, a police prosecution is undertaken in compliance with natural justice principles to decide the employee's fate. Except for the Industrial Employment (Standing Order) Rules, which contain collections of acts and omissions that represent misconduct for industrial establishments that are not in coal mines and industrial establishments that are in coal mines, there are no specific laws regulating the disciplinary method.


Furthermore, although the court's track adheres to the Code of Criminal Law, the Code of Civil Procedure, the Evidence Act and the Domestic Inquiry are based on 'Natural Justice.'

In addition, the investigating officer is not authorised to penalise the employee when he checks the evidence and the Guilty Rules. Only the Supervisor or Approving Entity, known as a notified regulatory authority, has the right to impose the penalty.


“Dismissing a person without a fair and equal domestic investigation amounts to a violation of the laws of natural justice and is an embarrassment to the Labour Courts/Industrial Tribunals. As a result, adverse decisions can be brought against the contractor”.


Keywords: 1) Domestic Enquiry: DE, 2) Investigation: IG, 3) Natural Justice: NJ

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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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