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Home > Law Books > Administrative Law > Government Servants > Disciplinary Action > 2nd Edition, 1988.
Disciplinary Action against Industrial Employees and its Remedies
by K.D. Srivastava
Edition: 2nd Edition, 1988.
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Product Details:
Format: Hardcover
Pages: 951 pages
Publisher: Eastern Book Company
Language: English
Dimensions: 24.2 CM X 5.52 CM X 16 CM
Shipping Weight: 1.16857
Publisher Code: B/361
Overview:

A complete, practical and thorough work that gives full guidance to the employer as well as the employee in various kinds of disciplinary action cases.

In very practical terms it explains the rights and obligations of the employer and imparts an understanding of the areas in which an employer may still dispense with the services of an employee, without inviting the legal or judicial odium. Where does one draw the line between permissible 'termination simpliciter ' and an action which is stigmatic or punitive? This book also explains clearly the procedure and do's and don'ts for such action.

The circumstances under which a disciplinary action taken by an employer can be challenged are also explained clearly. The remedies that are available to the employee against any illegal or motivated disciplinary action are explained in detail, and the rights and responsibilities of the employees under various laws are explained and discussed at length.

Important case-law has been incorporated and legislative changes affecting the rights and obligations of the employers and employees in this field have been taken note of. The book is of immense utility to the employers, the judiciary, the labour law enforcement agencies and industrial houses.


Table Of Contents:
PART I : DISCIPLINE AND EMPLOYMENT
CHAPTER I : DISCIPLINE
                   Introduction 1
                   Rights and Duties of Employees under Common Law 3
                   Discipline : Responsibility of Employer 5
                   Factory, A Living organisation : Modern approach to discipline 6
                   Disciplinary action and Industrial Peace 7
                   Industrial Truce Resolution, 1948 8
                   Industrial Policy Resolution, 1956 9
                   Code of discipline in industry 14
                   Recognition of unions : general 17

CHAPTER II : MISCONDUCT AND STANDING ORDERS
                   Unwritten code of conduct and standing orders 45
                   Misconduct : meaning of 46
                   Kinds of misconduct 46
                   Classification of misconduct 47
                   Misconduct : Act subversive of Discipline : what is 47
                   Misconduct : scope; what amounts to 48
                   Misconduct : what is 49
                   Go-slow : if a misconduct 49
                   Misconduct : what is not 49
                   Misconduct and negligence 50
                   Negligence : when habitual 50
                   Negligence liable to result in serious consequences is misconduct 51
                   Dishonesty in connection with the business of the Undertakings 51
                   Workman's misbehaviour towards his superior while the latter
                   was performing duties imposed on him by his office : misconduct
                   justified dismissal 51
                   Misconduct outside employment : ordinary law of master and servant 51
                   Misconduct justifying dismissal : common law 56
                   Misconduct and punishment 58
                   Punishment and discretion of management 60
                   Moral turpitude and misconduct : punishment 60
                   Apology for misconduct must be unconditional 60
                   Standing Orders 61
                   Standing Orders : if have statutory force 62
                   The Industrial Employment (Standing Orders) Act, : Scope 62
                   Certification of Standing Orders : Effect 65
                   Appellate Authority under Standing Orders Act : Powers 66
                   Interpretation of Standing Orders 66
                   Standing Order and Misconduct 70
                   Standing Order providing for discharge simpliciter : exercise of power 70
                   Private Contract : Standing Orders override 71
                   Contract of service and Standing Orders when in conflict 72
                   Two sets of Standing Orders : whether permissible 74
                   Conditions of service for employees employed prior to enforcement
                   of Standing Orders : If distinction permissible 74
                   Civil suit-declaration that action against Standing Orders
                   void-if maintainable 75
                   Alternative relief in case of contravention of Standing Orders
                   by employer 76

CHAPTER III : EMPLOYMENT AND INDUSTRIAL LAWS
                   General 79
                   Master and Servant 80
                       Test to determine 80
                       Loan of servant 85
                       Principal and agent : master and servant 85
                       Services of special contract and general hiring 86
                       Breach of contract and wages 86
                   Contract of service and Contract for service : Distinction 86
                   Industrial Employment and Common Law Rights 87
                   Abandonment of employment 88
                   Employers 88
                       Definition 88
                       Analysis 89
                       Scope of the definition : 'employer' 90
                       Employer : meaning of 90
                       Employer and contractor 91
                       Right of the employer 91
                       Employer : restrictions : Article 19 of the Constitution 92
                       Effect of change of employer in a business concern 92
                       Transfer of management : Effect of 96
                       Employer : if bound to provide work 97
                   Workman 97
                       Definition 97
                       Analysis 99
                       Scope 100
                       Employed in industry : Essential condition 102
                       Clerical work : what is scope 103
                       Technical work : meaning-scope 103
                       Manual work : meaning : scope 103
                       Supervisory capacity : scope 104
                       Managerial or administrative capacity : scope 104
                       Workmen : supervision and control : nature of 107
                       Control, extent of : employer-employee relationship 109
                       Ownership of instrumentalities 110
                       Transport engineer, foreman, sales engineering representative, etc :
                       Blending supervisor, fuelling superintendent : whether workmen
                       or not : duties, a question of fact 112
                       Independent contractor engaging workman for work in
                       employers factory : such persons held workmen 115
                       Workman : who is 116
                       Workman : who is not 117
                       Canteen run by contractor : its employees : not workmen 118
                       Discharged or dismissed employee, if workman 119
                       Effect of the amendment in Section 2(s) of the Act by
                       Act No. 38 of 1956 119
                       Whether contractor's employees 'workmen' 119
                       Contractor or workmen 121
                       Bidi workers working through contractor : held, workmen 124
                       Tindal, if a workman 124
                       Medical officer, if a workman 125
                       Sirdars in mines, if workmen 125
                       'Teachers', not workmen 126
                       'Employed in any industry', malis employed in bungalows
                       of the officers : held, workmen 126
                       Transfer of a business and workmen 127
                       Workmen and industrial dispute 127
                   Industry 128
                       Definition 128
                       Analysis 129
                       'Industry' whether covered by entries 29 and 27 of List III to
                       Schedule 7, Constitution of India 136
                       Scope of 'Industry' 136
                       Industry : Test to determine 138
                       Undertaking : scope 138
                       'Profit motive and industry' 139
                       'Industry' : meaning and scope of : what the term includes
                       and excludes tests and guide lines for such inclusion
                       and exclusion 139
                       Sovereign functions or State activities if exempted from the
                       definition of industry 142
                       Charitable projects 143
                       State hospital, held, an industry 144
                       Activities of pinjrapole held on facts, constitute 'industry' 146
                       Clubs 148
                       Educational and research institutions, if 'industry' 148
                       Textile research institution, held, 'industry' 149
                       Co-operatives : if industry 152
                       Federation of Indian Chamber of Commerce held, an industry 152
                       Indian standards institution, a registered society run by
                       the Government is 'industry' 153
                       Company carrying on agricultural operations, held industry 155
                       'Industry' : test for determining if any department of a municipality
                       is 'industry' 155
                       Departments of municipality held to be 'industry' 156
                       Local bodies doing public utility service : 'Industry' 157
                   Vicarious responsibility of master for torts of servants 157
                   Liability of servants for tort 162
                   Master not liable : servant's unlawful act without authority 162
                   Principal and agent 163
                   Lay-off, retrenchment and closure 163
                       Lay-off 163
                       Retrenchment 165
                           Section if unconstitutional 165
                           Scope 166
                       Closure 167
                           Scope of the section 167
                           Constitutional validity of the section 168
                   Legislative References : Industrial Disputes Act, 1947 173

CHAPTER IV : THE INDUSTRIAL DISPUTES LEGISLATION AND ITS EFFECT ON COMMON LAW
                   History of Industrial Legislation in India 178
                   Present labour legislation 186
                   Statement of objects and reasons of Act No. XIV of 1947 186
                   Amending Acts to the Industrial Disputes Act, 1947 188
                   Act No. LIV of 1919 189
                   Act No. XLVIII of 1950 190
                   Act No. XL of 1951 191
                   Act No. XVIII of 1952 191
                   Act No. XLVIII of 1954 192
                   Act No. 36 of 1956 192
                   Act No. XLI of 1956 193
                   Act No. XXXVI of 1964 193
                   Act No. 35 of 1965 194
                   Act No. 32 of 1976 195
                   Act No. 46 of 1982 196
                   Act No. 49 of 1984 198
                   State enactments relating to industrial disputes 198
                       General 198
                       U.P. Industrial Disputes Act 199
                       Bombay Industrial Relations Act 199
                   Industrial Disputes Act in its application to various States 201
                       General 201
                       Article 254 of the Constitution : attraction of Clause 1 201
                       Constitution of India : Article 254 : Scope : implied repeal 202
                       Repugnancy : Scope 203
                       Industrial Disputes Act and Travancore-Cochin Industrial
                       Disputes Act 207
                       Industrial Disputes Act and Saurashtra Ordinance VI of 1948 208
                       Industrial Disputes Act and U.P. Industrial Disputes Act 208
                       Bombay Industrial Relations Act (II of 1947) as adapted in
                       Madhya Pradesh : Article 254 209
                   Special Enactments and Industrial Disputes 210
                   Welfare State 212
                   An incorporated company : if a citizen 212
                   An incorporated company and fundamental rights 213
                   Industrial Disputes Legislation : if effect 214
                   Industrial Disputes Act, 1947, if ultra vires : Articles 14 and 19
                   Constitution of India 217
                   Freedom of contract : restrictions under industrial laws : social justice 219
                   Successor in business : contract law and effect on service 222

PART II : ENQUIRY AND PUNISHMENT
CHAPTER V : DOMESTIC ENQUIRY
                   Enquiry : meaning and scope 225
                   Standing Orders and enquiry 225
                   Absence of Standing Orders 226
                   Preliminary enquiry : nature and scope 226
                   Preliminary enquiry and domestic enquiry : Difference 227
                   Enquiry into misconduct of servant : criminal trial 229
                   Judgment of criminal court : whether binding in departmental enquiry 230
                   Enquiry and Criminal Trial : whether alternative 230
                   Charge-sheet : Necessity of 230
                   Object of Charge-sheet 230
                   Contents of Charge-sheet 231
                   Charges : Frame of : mala fides 232
                   Precision and clarity of charges : what is 232
                   Effect of charge-sheet 232
                   Responsibility of person signing charge-sheet 232
                   Change in charge-sheet 233
                   Charge-sheet vague and indefinite : plea not definitely raised : effect 233
                   Explanation 233
                   Domestic enquiries limited to charge framed 233
                   Service of charge-sheet : mode 234
                   Charge vague and evidence not sufficient to connect the charged
                   officer with the alleged misconduct 234
                   Conditional Apology, if waiver of the right of enquiry 234
                   Domestic enquiry : principles 235
                       General 235
                       Natural justice 237
                   Notice served in the forenoon for enquiry in the afternoon 238
                   Previous notice : right to present case 239
                   Delegation of authority to record evidence by Enquiry Officer : bad 239
                   Recording of evidence 240
                   Written statement of a witness not examined : effect 241
                   Evidence : recording of : fair opportunity 241
                   Non disclosure of evidence against employee : effect 243
                   Evidence not recorded in conformity with the provisions of
                   Evidence Act 243
                   Summoning of evidence : witness not attending : inability to
                   record evidence : effect 244
                   Stage of examination of workman in domestic enquiry 245
                   Evidence Act : admissibility : leading questions 247
                   Pleadings : applicability 247
                   Appreciation of evidence : domestic enquiry 248
                   Evidence : nature and quantum 248
                   Finding of quasi-judicial authority : if could be relied in enquiry 249
                   Order of acquittal : failure to take into consideration 249
                   Findings of enquiry officer : failure to record : effect 250
                   Domestic enquiry ex-parte 251
                   Refusal to reopen the case after close of enquiry 251
                   Reopening of proceedings if possible when officer reinstated
                   without reasoned findings being recorded 251
                   Standing Orders : procedure : non-compliance 251
                   Order shall contain reasons 252
                   Absence of report by the enquiry officer 252
                   Enquiry : facts admitted or proved 252
                   Irregularities : Effect 253
                   Reference to bad past record in the order without bringing the fact to
                   the knowledge of workman in enquiry : Effect 253
                   Facts : admitted or proved 253
                   Finding on facts : when perverse 253
                   Disbelieving defence witnesses in violation of rule of natural justice
                   vitiates enquiry 255
                   Recommendations regarding punishment not essential
                   in enquiry report 255
                   Fair hearing : what it includes 255
                   Proper enquiry : what is 256
                   Proper enquiry : what is not 257
                   Second enquiry 257
                   Contempt of court : domestic enquiry : scope 258

CHAPTER VI : BIAS AND DOMESTIC ENQUIRY
                   Principles underlying bias 260
                   Statutory provision and bias 261
                   Principles of bias : if can be overruled by statute 262
                   Official 'bias' vis-a-vis statutory provision 262
                   Due process of law 263
                   Supreme Court's view 263
                   No one shall be Judge in his own cause : nemo debet esse judex
                   in propria causa 264
                   Pecuniary interest and prejudice 265
                   Officers as members of committee exercising quasi-judicial functions 267
                   Domestic Tribunal : enquiry and bias 268
                   Expression of opinion by superior officer : enquiry by his subordinate
                   bias : Effect 269
                   Enquiry officer : in position of witness 270
                   Presiding Officer as witness 271
                   Domestic enquiry conducted by a lawyer : bias 272
                   Personal involvement of manager : right to hold enquiry 273
                   Officer holding preliminary enquiry : not debarred to hold enquiry 273
                   Bias : what constitutes 274
                   Bias : vitiating orders 274
                   Bias : Test of : departmental enquiry where can be quashed 276
                   Bias : question of fact and hence cannot be decided under Article 226 276

CHAPTER VII : NATURAL JUSTICE
                   Natural justice : meaning and scope 277
                   Development of the principles of natural justice
                   in English jurisprudence 278
                   Principles : English and foreign decisions 282
                   Principles laid down by Court in India 290
                   Natural justice : question to be considered in the light of relevant Act 297
                   Applicability 299
                   Previous notice : right to present case 299
                   Natural justice : fair play in action 300
                   Enquiry : rules of natural justice 300

CHAPTER VIII : PUNISHMENTS
                   Punishment : scope 301
                   Punishment and discretion of management 304
                   Punishment : insubordination and indiscipline 305
                   Punishment : scope 305
                   Section 11-A : Industrial Disputes Act, 1947 : scope 306
                   Award of lesser punishment : justification 307
                   Adequacy of punishment : if fresh evidence can be adduced 308
                   Report of the enquiry officer not served on the delinquent workman
                   nor proper and adequate opportunity to show cause against
                   the punishment contemplated given : Standing Order, Order 26(e) :
                   show cause notice pasted on notice board : insufficient time to
                   show cause : principles of natural justice violated 309
                   Punishment recommended by enquiry officer should be communicated 309
                   Disciplinary authority's concurrence with the finding of the
                   enquiry officer regarding punishment : effect 310
                   Censure or Warning : scope 310
                   Censure : what is 310
                   Censure of warning : difference 310
                   Fine 311
                   Suspension : scope 312
                   Suspension : if a punishment 313
                   Suspension pending enquiry 314
                   Suspension, if a cloak to hide real intention held punishment 314
                   Wages during the period of suspension 314
                   Suspension pending permission under Section 33 315
                   Suspension : an industrial dispute 318
                   Discharge : dismissal : distinction 318
                   Dismissal 319
                   Dismissal, unjustified 319
                   Dismissal, justified 320
                   Dismissal with retrospective effect 322
                   Dismissal order based on cumulative effect of lapses : result if some
                   of the lapses are not found sustainable 322
                   Non-speaking order of removal arbitrary : cannot be upheld 323
                   Authority to pass final orders : failure to exercise : effect 323
                   Discharge 324
                   Discharge simpliciter, when amounts to punishment 324
                   Absence : termination of services 325
                   Discharge justified : not punishment 327
                   Probation : discharge 327
                   Discharge due to ill health and retrenchment : distinction 329
                   Break in service : condonation of 330
                   Unfair labour practice and victimisation 330
                   Unfair labour practice : introductory 331
                   Unfair labour practices : National Labour Commission 333
                   Victimisation and unfair labour practices : meaning of 333
                   Victimisation : scope : what amounts to 335
                   Victimisation : pleadings 337
                   Victimisation : power to tribunals : limitation 338
                   Victimization : finding of the court in adjudication : effect :
                   High Court or Supreme Court : interference : scope 340
                   Loss of confidence : discharge : scope 341

PART III : REMEDIES
CHAPTER IX : GENERAL
                   Introduction 351
                   Remedies and discretion of Government 353
                   'Industrial Disputes' 353
                       Legislative reference 353
                       Object and scope 355
                       Section prospective and not retrospective 355
                       Section if offends Act 14 of the Constitution 355
                   Likewise terminate the services 356
                       Section 2-A and Section 23 : scope of : strike 356
                       Terms and conditions of employment 357
                           Meaning of 357
                           Scope of 358
                       Conditions of labour 358
                           Meaning of 358
                           Scope of 359
                           Implied term of employment : mixed question of fact and law 359
                           Alteration in : what is 359
                   Subject matter of 'Industrial Disputes' 359
                       General 359
                       Necessity of direct and substantial interest of employer
                       or workmen 360
                       Scope of 361
                       Subjective discretion of Government 361
                   'Any person' : if includes all employees 361
                       Scheme of the Act 361
                       If should be 'workmen' 362
                       Scope 363
                   How a dispute can be raised 364
                   When a dispute can be raised 365
                   Individual dispute and collective dispute 365
                   Individual Dispute : when an industrial dispute 367
                   Strength of workmen necessary to constitute industrial dispute 368
                   Individual workman : measure and nature of support 369
                   Individual dispute : Cause sponsored by a stranger Union : effect 371
                   Several Departments : industrial dispute when to be backed
                   by the Department in which the worker is employed 371
                   Whether an individual dispute developed to an industrial dispute
                   has to be decided with the time of reference 371
                   Industrial dispute reference : workers sponsoring cause,
                   withdrawing support : effect 372
                   Industrial dispute and individual dispute : burden of proof 372
                   Loss to the employer due to illegal strikes : industrial dispute 372
                   Industrial Dispute : what is 373
                   Industrial Dispute : what is not 374
                   Interpretation of industrial laws : principles of 374
                   Liberal and beneficial construction 376
                   Liberal construction : social records 377
                   Mischief rule : statute to be read as a whole 380
                   Literal construction 380
                   Socio economic changes and interpretation 380
                   Contextual meaning : legislative intent should be gathered not
                   by reading any provision in isolation but by reading the entire statute 381
                   Context in which legislation passed : important when words
                   having more than one meaning 381
                   Anomaly : Court's interpretation to a provision leading to
                   anomalous situation 381
                   ''Equity of the Statute'' Rule 382
                   Plain meaning must be given effect to decipher legislative intent 382
                   General or Special Statute Industrial Disputes Act, vis-a-vis
                   Life Insurance Corporation Act 383
                   Generalia specialibus non derogant 384

CHAPTER X : CONCILIATION
                   General 385
                   Compulsory conciliation under the statutory authority 386
                   Conciliation : Arbitration and Civil Law 387
                   Works Committee : scope and function 387
                   Decisions of Works Committee : how far binding 388
                   Dissolution of Works Committee : powers of Labour Commissioner
                   Industrial Disputes (Mysore) rules 390
                   Conciliation : legislative notes 391
                   Conciliation Officer : primary aim 391
                   Difference between Conciliation Officer and Board of Conciliation 392
                   Conciliation Officer : power 392
                   Obligation, if any, to initiate conciliation proceedings 393
                   Conciliation and reference 393
                   Nature of order : if administrative : writ, if could be issued 394
                   Duty of Government and Conciliation Proceedings 394
                   Conciliation Proceedings and Reference under Section 10 396
                   Conciliations Proceedings and Procedure 396
                   Conciliation Officer : not a Tribunal : no appeal to Supreme Court 397
                   Grievance settlement authorities 398
                   Scope 398
                   Section 9-C, Industrial Disputes Act, 1947 398

CHAPTER XI : ADJUDICATION AND ARBITRATION
                   General 402
                   Introductory 402
                   Definition of the Term 'Arbitration' 402
                   Legislative Notes 403
                   Analysis 406
                   Reference of Industrial Disputes 410
                       Reference : conciliation proceedings, if necessary 410
                       Adequate remedy under separate Act and Scheme :
                       reference improper 411
                       Reference : company under liquidation : Section 466 of the
                       Companies Act : Effect 411
                       Reference : when complete 411
                       Requisites of valid notifications 411
                       Employer and reference 413
                       Reference and 'Appropriate Government' 414
                       Reference : Standing Orders 415
                       Order under Section : administrative 416
                       Discretion of the Government to make reference :
                       public utility service 416
                       Discretion of the Government to make reference in respect of
                       non public utility service 417
                       Jurisdiction of the Government to make reference 419
                       Expediency and reference 419
                       Merits of dispute : duty of Government 420
                       Power of reference : scope : prima facie case on merits : scope 420
                       Employer's action how far could be scrutinised at the
                       time of reference 422
                       Administrative Act : whether writ can issue 422
                       Reference : when can be challenged by writ 422
                       Refusal to refer : scope 423
                       Refusal to refer : issue of writ 425
                       Refusal to refer : other situations 426
                       Refusal to refer unjustified 426
                       Reference : refusal : subsequent reference : effect : res judicata 427
                       Reference : refused : subsequent reference : notice to employer,
                       if necessary 428
                       Fresh reference after the first reference rejected in
                       default of workman 429
                       Reference : Union 429
                       Reference and management 429
                       'At any time' : no time limit for reconsidering earlier order 431
                       Demand : form of : scope of reference 432
                       Demand on the employers : nature and scope 433
                       Demand on the management : necessity 433
                       Jurisdiction of the Government to make reference 433
                       Reference : when can be challenged by writ 434
                       Common reference for a number of Factories : if and
                       when justified 436
                       Reference barred : if dispute settled 437
                       Prior settlement : subsequent reference : pleas of discrimination
                       : Reference 438
                       Second reference : when illegal 439
                       Settlement with a Union in conciliation proceeding :
                       other Unions objecting : reference valid 439
                       Reference of dispute : limitation 441
                       Violation of Section 33, Industrial Disputes Act, 1947
                       and reference 442
                       Matter in adjudication : Section 10(6)(a) : scope 442
                       Reference and subject matter of Industrial Dispute 443
                       Reference and parties to a dispute 443
                       Reference and pleading 444
                       Power of Government to cancel, etc., reference 444
                       Cancellation or withdrawal of reference 445
                       Withdrawal however is not cancellation 446
                       Power of Government to amend 446
                       Amendment or modification of a reference-power
                       of the Government 447
                       Reference : terms, if can be widened 448
                       Reference : correction : Government cannot widen the scope 448
                       Closure and reference 448
                       Closure : pending reference : effect 449
                       Matter of closure compensation can be referred 449
                       Tribunals : Power and Jurisdiction 449
                       Tribunal, if a court 449
                       Functions of Tribunals : quasi judicial 450
                       Functions of Tribunal, analogous to judicial one 451
                       General pattern of Tribunal is of a civil court 451
                       Powers of Tribunal : limitation 452
                       Scope of Tribunals 452
                       Reference and jurisdiction of Tribunal 454
                       Nature and scope of the power and functions of Tribunal
                       in scan reference 455
                       Reference and scope of enquiry 455
                       Scope of adjudication : matter incidental to 458
                       Adjudication : powers 459
                       Jurisdiction : exercise of 462
                       Jurisdiction of industrial tribunal when no enquiry held
                       before termination of service 463
                       Interference in punishment 464
                       Jurisdiction of tribunal to decide if domestic enquiry fair 464
                       Perverse finding : what is 465
                       Applicability of Promissory Estoppel in making reference under 466
                       Reference by Government : reference containing both phrases
                       : 'Industrial Disputes Exists' and 'Industrial Dispute is apprehended' :
                       Application of mind : reference not invalid 466
                       Acquiescence or Estoppel 466
                       Doctrine of Merger 467
                       Question of jurisdiction to be raised before the Tribunal 467
                       Jurisdiction : consent and acquiescence : effect of 467
                       Jurisdiction : wrong assumption by Tribunal : remedy 468
                       Jurisdiction to decide an issue : wrong decision : remedy by writ,
                       if available 468
                       Jurisdiction dependent on collateral fact : wrong decision :
                       remedy by writ 468
                       Power of civil courts and High Court over the Tribunals 469
                       Writ of prohibition : stage for motion 471
                       Jurisdiction depending on facts : writ 471
                       Wrong decision : if writ can issue 472
                       Writ of certiorari : condition and stage for motion 472
                       Commercial and industrial arbitration : distinction 475
                       Reference to arbitration : interpretation of reference 476
                       Arbitrator : whether a statutory arbitrator : writ if could issue 477
                       Arbitrator's award : how far amendable to writ 478
                       Appeal by special leave against award by the arbitrator 481
                       Award of arbitrator whether speaking order 481
                       Powers of arbitrator : scope 485
                       Social justice 486
                       Organisation of labour 487
                       Social justice : rule of law 488
                       Social justice : meaning and scope 489
                       Social justice : principles : interest of all concerned to
                       be kept in view 490
                       Social and economic justice 490
                       Social and ethical considerations : national economy 491
                       The development and growth of industrial law 491
                       Freedom of contract : restrictions under industrial law 492
                       Social justice : disciplinary action 493
                       Social legislation : interpretation 493
                       Beneficial construction 494
                       Remedical and beneficial legislation 495
                   Procedure 496
                       General 496
                       Tribunals and procedure 498
                       Evidence Act : applicability 498
                       Evidence 499
                       Tribunal if can rely on evidence not produced by the parties 499
                       Inspection of documents 501
                       No roving investigation 502
                       Procedure and production of documents 502
                       Privilege 503
                       Notice of proceedings 503
                       Consolidation of proceedings 503
                       Parties 503
                       Amendments 504
                       Omission of issues 504
                   Assessor 504
                       Relief to be granted : nature of 504
                       Tribunal's finding for lesser punishment but dismissal order maintained
                       : award bad 505
                       Order mala fide : court to determine 505
                       Right of the Tribunal to alter, modify or interpret the award 505
                       Contempt of Court : domestic enquiry : scope 506
                       Res judicata : industrial adjudication 508
                       Costs : scope and power of Tribunals, etc. 508
                       Interim relief 511
                       Award : scope of 511
                       Extension of time for passing the award 511
                       Award : what is not 512
                       Award : what is 512
                       Determination : what is 512
                       'Determination' distinguished from 'Termination' and 'Withdrawal' 513
                       Award : in terms of compromise 513
                       Interpretation of the award 515
                       Right of the Tribunal to alter, modify or interpret the award 515

CHAPTER XII : REPRESENTATION OF PARTIES IN PROCEEDINGS
                   Introduction 517
                   Who can represent 517
                   Parties right to appear 518
                   Representation of a party : what is 518
                   Agent of employer : if can represent 518
                   Unions right to represent : scope 519
                   Representation : by workmen : limitations 519
                   Workmen or employer : right to represent 519
                   Individual workman : separate representation 519
                   Dispute : sub-section 36(4) 520
                   Letter of authority, if enough for the purposes of representation 521
                   Effect of representation by union not registered 521
                   Provision of Section 36(1)(c) : scope : registered and unregistered
                   trade unions 521
                   Bar for legal practitioners to appear, if ultra vires the Constitution
                   of India, Articles 14 and 19 522
                   Legal practitioner being an officer of a union or association or a
                   director or officer of a company, if can represent 524
                   Representatives, if have right to compromise 525

CHAPTER XIII : CHANGE IN CONDITIONS OF SERVICE PENDENCY OF PROCEEDINGS REMEDIES
                   Introduction 528
                   Legislative reference 529
                   Scope and legislative development of Section 33 531
                   Dismissal, etc., of an individual workman to be deemed to be an
                   industrial dispute 533
                   Enquiry and scope 533
                   Discharge simpliciter : if covered by the Section 535
                   Section 33(2)(b) : scope 537
                   Section 33(2)(b) : provision mandatory 538
                   'Protected workman' who is : question of fact 538
                   'Protected workmen' : nature of protection under 538
                   Protected workmen : permission not necessary after termination
                   of proceedings 539
                   Pendency ceasing to exist : application for approval under
                   Section 33(2)(b), in infructuous 540
                   Decision of application under Section 33 :
                   limitation 'Authority concerned' 541
                   Discharge pursuant to notice issued before pendency :
                   permission, if necessary 541
                   Permission on letter of resignation : refusal unjustified 542
                   'Discharge' under section does not include 'discharge on closure' 542
                   Prima facie case : what is 542
                   Prima facie case : Permission to be given 542
                   Contravention of section : what is 544
                   Contravention of Section 33 : retrenchment 544
                   Pendency of proceedings 544
                   Reference : Amendment of : pendency of proceedings 544
                   Order of employer passed and intimated before pendency,
                   but executed during pendency, effect of 544
                   Order passed before reference but despatched after reference,
                   if contravenes Section 33 545
                   Pendency : knowledge of 545
                   Pendency before a High Court 545
                   Pendency : proceedings under Section 36-A 546
                   Criminal trial and domestic enquiry 546
                   Order of discharge and its communication 546
                   Application under section : change in Tribunal 546
                   Matter connected with the dispute 546
                   Individual dispute developing into a collective dispute and
                   workmen concerned 547
                   Different departments : workmen concerned 547
                   Claim for bonus : all workmen concerned 547
                   'Workmen concerned' dependent on nature of dispute 547
                   Parties in the order of reference and workmen concerned 549
                   Workmen concerned : liberal interpretation 550
                   Employee subsequently employed : if workman concerned 551
                   Workman concerned : burden of proof 551
                   Workman concerned : a question of fact to be decided in each case 551
                   Probationer or temporary workman 551
                   Application and scope of Sections 33 and 33-A in matters of 552
                       Retrenchment 552
                       Suspension 552
                       Transfer 554
                       Lock-out 556
                       New work-load 557
                       Transfer of an undertaking 558
                   Interim relief 558
                   Employer : Sections 33 and 33-A 558
                   Change of management : effect of 558
                   Who can apply : Section 33 559
                   Approval for dismissal order : date of filling approval application 559
                   Application not limited to individual workman 559
                   Nature of proceeding : judicial 560
                   Notice to opposite party : to individual workman, necessary :
                   notice to Union, if sufficient 560
                   Temporary workmen : permission, if necessary 560
                   Discharge of temporary workmen : permission, if could be refused 561
                   Application under Section : duty of Tribunal 562
                   Jurisdiction of Tribunal 564
                   Conditional permission 566
                   Application under Section specifying proposed punishment :
                   whether bad 566
                   Right to justify order before Tribunal passed by the employer 566
                   Right of employer to adduce evidence before Industrial Tribunal
                   manner and the stage at which request should be made 567
                   Opportunity to lead evidence : scope : stage 568
                   Application for permission for dismissal of an employee for his
                   insulting behaviour towards customers of the company 569
                   Distinction under Sections 33(1) and (2) 569
                   Proviso to Section 33(2), if applied to establishment having
                   Standing Order 569
                   Payment of one month's wages 570
                   Date of payment of one month wage when payment made by
                   money order 570
                   Delay 570
                   Application for approval : pay 570
                   Permission to dismiss : refusal not proper 570
                   Effect of approval 572
                   Effect of employer withdrawing his application under the section
                   equivalent to not filing an application 572
                   Permission to discharge : refusal justified 572
                   Order : nature of 573
                   Judgment in criminal case : admissibility and relevancy 574
                   Proceedings in criminal court and permission under section 574
                   Refusal to answer to queries of manager : act subversive of discipline 574
                   Complaint under Section 33-A : who can apply 575
                   Proceeding under Section 36-A : application under Section 33-A :
                   if would lie 575
                   Discharge simpliciter 576
                   Interim relief 576
                   Scope and relief under Section 33-A 576
                   Complaint to be decided on merits 578
                   Procedure under section 578
                   Scope of enquiry : determination of dispute 579
                   Complaint under Section must be connected with the dispute 579
                   Findings under Section 33 : relevancy under Section 33-A 580

CHAPTER XIV : SUIT OR APPEAL
                   Jurisdiction of Civil Court : Industrial Dispute 582
                   Finality of the award and the jurisdiction of the civil Court 584
                   Jurisdiction of Civil Courts to entertain labour dispute :
                   Principles applicable to : jurisdiction to make an order or
                   decree for injunction to prevent threatened injury or breach
                   of the right : Industrial Disputes Act, 1947, Sections 10 and 2(k)
                   Civil Procedure Code, 1908, Section 9 584
                   Civil Courts, if have powers to grant reinstatement 585
                   Jurisdiction when not barred 586
                   Suit for declaration that person continues in service and suit for
                   damages : difference 587
                   Appeal from awards of the Tribunal to Supreme Court : Article 136
                   of the Constitution 587
                   Tribunal : meaning of 587
                   Scope 588
                   Discretion : principles for the exercise of 589
                   Determination and order : Article 136 : meaning and scope 591
                   High Court refusing to exercise its inherent jurisdiction : appeal to
                   Supreme Court : scope of power of Supreme Court under the Article 592
                   Consideration of evidence and facts 592
                   Parties to appeal 592
                   Jurisdiction of Supreme Court vis-a-vis awards of Tribunals 593
                   Jurisdiction : scope of the plea : want of jurisdiction cannot be
                   raised for the first time in Supreme Court 595
                   Tribunal's finding that an employee is or is not a workman :
                   Supreme Court will not interfere 595
                   Points not taken in original Industrial Court or even in the leave
                   petition cannot be raised thereafter 595
                   Finding of fact 596
                   Appeal to Supreme Court and writ to High Court 596

CHAPTER XV : WRITS
                   Writs : Articles 32 and 226 598
                   Powers of High Courts 600
                   Two interpretations possible : High Court not to interfere in writs 600
                   Powers of Supreme Court and High Courts 601
                       Distinction 601
                       Jurisdiction : Exercise of 601
                   Territorial jurisdiction 602
                   Writ and Administrative Order 604
                   Alternative remedy no bar to writ where fundamental
                   rights are concerned 606
                   Writ and alternative remedy 607
                   Right to relief under Article 226 609
                   Adequate alternative remedy : no writ 609
                   Writ when other remedy availed or proceedings pending 610
                   Erroneous decision no ground for writ 611
                   Jurisdiction to issue writ of certiorari : existence of person or authority 612
                   Want of jurisdiction and wrong decision on facts
                   collateral to jurisdiction 612
                   Writ against local bodies or corporations 613
                   Writ by State Government against Central Government 613
                   Res judicata : application in writ proceedings 614
                   Waiver : plea to be specifically raised 615
                   Delay, laches and acquiescence 615
                   Laches : scope 616
                   Laches or delay : principles 617
                   Discretionary power of Supreme Court : rule against laches one of
                   practice and not of law 617
                   Laches 617
                   Mere filing of applications not enough 617
                   Principles for issue of : writ of certiorari 618
                   Nature of certiorari 622
                   Writ of mandamus 622
                   Nature of mandamus 622
                   Writ of prohibition 624
                   Nature of prohibition 625
                   Aggrieved person 626
                   Article 227 627
                   Administrative and judicial function 628
                   Tribunal's right to decide the question of jurisdiction : writ 629
                   Writ issued to decide jurisdictional issue as preliminary issue 630
                   Wrong exercise of jurisdiction : writ issued 631
                   Arbitration and ward and writ 631
                   Parties to the writ of mandamus 633
                   Parties : writ : workmen not members of any registered Union 634
                   Writ of mandamus sought by workmen for referring a dispute
                   employer not a necessary party 634
                   Secretary of an association : if could move writ for its
                   individual member 634
                   Writ filed by registered Trade Union if maintainable 635
                   Public interest litigation : writ 635

APPENDICES
                   Industrial Disputes Act, 1947 651
                   Rules-(1) Industrial Tribunal Procedure Rules, 1949 773
                           (2) Industrial Tribunal (Central Procedure) Rules, 1954 774
                           (3) Industrial Disputes (Central) Rules, 1957 775
                   Industrial Disputes (Banking and Insurance Companies) Act, 1949 822
                   Industrial Disputes (Banking Companies) Decision Act, 1955 824
                   Industrial Employment (Standing Orders) Act, 1946 831
                   Industrial Employment (Standing Orders)
                   (Bombay Amendment) Act,1957 848
                   Industrial Employment (Standing Orders) Central Rules, 1946 848
                   SUBJECT INDEX 873

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