Dear all Pls clarify if a misconduct is not specified in standing orders and the worker commits such misconduct. Whether such misconduct is punishable. regards ravi
From United States
74From United States
Dear
The Apex Court, in Glaxo Laboratories 15(1) Ltd. v. Labour Court, Meerut and Others (1984-1-LLJ-16) has held that a non-enumerated misconduct cannot form subject matter of a disciplinary action. Following the said view, in U. P. State Electricity Board v. Hari Shankar Jain; (1978-11-LLJ-399) (SC) it has been held that without amendment to the certified standing order the action is not legal.
The above is the legal proposition but you mus seek specific legal advice considering your facts .
. With Regards
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
The Apex Court, in Glaxo Laboratories 15(1) Ltd. v. Labour Court, Meerut and Others (1984-1-LLJ-16) has held that a non-enumerated misconduct cannot form subject matter of a disciplinary action. Following the said view, in U. P. State Electricity Board v. Hari Shankar Jain; (1978-11-LLJ-399) (SC) it has been held that without amendment to the certified standing order the action is not legal.
The above is the legal proposition but you mus seek specific legal advice considering your facts .
. With Regards
Advocates & Notaries & Legal Consultants for Staffing & Recruiting Industry
E-mail : rajanassociates@eth,net,
-9025792684-9025792634
From India, Bangalore
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