Misconduct As A Ground For Dismissal Of Workmen Under Indian Labour Law: A Judicial Analysis

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Shambhavi Kumari, Bharti Vidyapeeth New Law College, Pune

ABSTRACT

Discipline at the workplace plays an important role in maintaining a healthy relationship between employers and workers. Under Indian labour law, an employer has the right to take action against a workman for misconduct, including dismissal in serious cases. However, this power cannot be used arbitrarily and must be exercised according to the law. This article discusses misconduct as a ground for dismissal of workmen and explains the legal principles that govern such action. It examines different types of misconduct that courts have considered serious enough to justify dismissal, such as participation in illegal strikes, making defamatory statements against the employer, using abusive language, creating disturbances at the workplace, and habitual absenteeism. The article also analyses important judicial decisions that have helped shape the law on this subject. In addition, it explains the difference between dismissal for misconduct and termination due to unsatisfactory performance during probation. The article concludes that dismissal is legally valid only when the misconduct is properly proved, a fair enquiry is conducted, and the punishment is proportionate to the seriousness of the act. In this way, Indian labour law seeks to maintain workplace discipline while also protecting the rights of workmen.

Keywords: Misconduct, Dismissal of Workmen, Labour Law, Industrial Disputes Act, Workplace Discipline, Natural Justice, Domestic Enquiry.

493. MISCONDUCT AS A GROUND FOR DISMISSAL OF WORKMEN UNDER INDIAN LABOUR LAW- A JUDICIAL A

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