Disciplinary Actions Cost you your Job and Respect!

The labour laws in India which have been in force since the era of industrialization applicable to the establishments, factories, and companies define the very essence of employment making way to strengthen understanding between the employer and employees. Whereas every employer expects trustworthiness, integrity, discipline, and productivity from their employees, employees joining a company/factory aspire long term success with the employment citing financial, professional, and personal growth.

However, just like our forefathers said that everything should have a limit. If greed and desire to grow become exceedingly supersonic then the mind can become destructive and harmful not only to self but also to others including near and dear ones.

I remember one such incident when an employee working for 14 years in a factory turned subversive and disruptive in behavior due to his lust for greed, and jealousy against a fellow workman, began miniature with a lot of hard work, patience, perseverance to grow, made it to a peak in about 5years of his tenure ended up in jail for his gross acts of misconduct which are not pardonable but punishable in the court of law.

So what are they? Which acts would have turned against him to such an extent that landed him in jail??

Sec 14(3) of the Industrial Employment Standing Orders 1946, Central Rules enlists 11 such acts of omission or misconduct that can lead to disciplinary proceedings under the law:

(a) wilful in subordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior, (b) theft, fraud or dishonesty in connection with the employer’s business or property, (c) willful damage to or loss of employer’s goods or property, (d) taking or giving bribes or any illegal gratification, (e) habitual absence without leave or absence without leave for more than 10 days, (f) habitual late attendance, (g) habitual breach of any law applicable to the establishment, (h) riotous or disorderly behaviors during working hours at the establishment or any act subversive of discipline, (i) habitual negligence or neglect of work, (j) frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 percent of the wages in a month. (k) striking work or inciting others to strike work in contravention of the provision of any law, or rule having the force of law.

So, Mr.Fahim Ansari, once a gentleman became a monster in the eyes of law due to an act of indiscipline he got indulged in. On this fateful day, in the morning he landed in the factory in a drunk state and slapped his fellow colleague in the precincts of his factory premises. Amar Jadhav, the colleague just parked his bike beside Fahim which was not tolerated by him. A heated argument between the two turned heads toward their fight and in the averse Mr.Fahim slapped Amarji, who started bleeding from his lip. The CCTV captured the incident and a police complaint by Amarji and other fellow colleagues led to a charge sheet being filed against him and an inquiry by the Board members of the establishment led to not only his suspension indefinitely but also termed him Riotous in nature and his act subversive of discipline leading to gross misconduct.

A case was filed in the local district level court which was taken up by the Board to the High Court due to their influence on a fast track level for justice led to jail within 45 days of his trial for a period of 3 years.?

This incident shook up all the workmen in the factory and got media attention for more than a year bringing all curtains down for Mr.Fahim Ansari.

LawSikho Komal Shah Abhipsa Anamika Yash Vijayvargiya

Disclaimer: The incidents mentioned herein are completely imaginary. They do not bear any reference to any specific case law.