Different Punishment – Can the Labour Court Award
By
V. Venkadasalam
Disciplinary proceedings play an important role in Labour jurisprudence. More or less, it is a sword to the employer to correct the erring employees. Normally once disciplinary proceeding is initiated it ends with dismissal or discharge of a workman or employee. The dismissed or discharged workman has to challenge the order of dismissal or discharge in the appropriate forum. The employee used to challenge not only the disciplinary proceedings initiated against him but also the ultimate punishment imposed on him. Section 11A of the Industrial Disputes Act deals with Powers of Labour Courts, Tribunals and National Tribunals and to give appropriate reliefs in case of discharge or dismissal of a workman.
The said provision, i.e. Sec. 11A, was added with effect from 15th December, 1971 by amending the Industrial Disputes Act, 1947. Before the addition of Sec. 11A the Powers of Labour Court were very limited and by introducing Sec. 11A there was a substantial change in the Powers ....