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PROGRAM CONTENTS
• Application of Labour Law on Misconduct – issues of Jurisprudence
• Practical issues of handling cases before Courts and Tribunals
• Case Studies on Punishment & Termination Of Employment
• Practical Orientation to handling of cases at Unit Levels

 

TOPICS COVERED
1. Principles of Natural Justice
2. Industrial Employment Standing Orders Act
3. What is Misconduct?
4. What is Subsistence Wage?
5. Conducting Preliminary Enquiry
6. Issuing Show Cause Notice
7. Issuing Charge Sheet
8. Service Of charge Sheet
9. Suspension of Workman
10. Defence in the Enquiry
11. Suspension of Enquiry on grounds of sickness under ESIC & its
impact on the proceedings
12. Conducting Enquiry
13. Evidence in the Enquiry
14. Procedure of Conducting Enquiry
15. Findings Of the Enquiry Officer
16. Quantum of Punishment
17. Impact of Punishment on Wages, Bonus, Provident Fund, Gratuity
18. Departmental Enquiry & Criminal Proceedings
19. Enquiries & Punishment for Unprotected & Protected Workmen
20. Injunctions Orders of Courts on Domestic Enquiries
21. Termination of Service & Litigation before Labour Court
Punishment can result in Discharge or Dismissal.
Resultantly, dismissed / discharged workmen can raise Industrial Dispute under the Industrial Disputes Act, 1947 or filing a Complaint of Unfair Labour Practice under the MRTU & PULP Act.
Therefore discussions will focus on:
1. Conciliation Proceedings
2. Adjudication
3. Arbitration
With reference to Protected Workmen & Non Protected Workmen
&
Powers of the Labour Court to Award Lighter Punishment & How do you appeal against the Orders of the Labour Court & Contempt of Court Proceedings etc.

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