As per the prevailing labour laws in India, no employer can discharge or dismiss a worker /employee ordinarily without following a procedure of domestic enquiry. The case laws established over a long period have made it obligatory for the employers to hold a fair and just enquiry to prove the misconduct before taking any disciplinary action.
The social order in this era of economic progress necessitates that industrial peace and harmony be preserved while production and productivity are not impeded. The claim of arbitrariness, as well as the resulting grievances and unrest, can be avoided by conducting unbiased domestic investigations. Furthermore, engaging in litigation is never a pleasant experience for either employers or employees, since it wastes time, resources, and energy, as well as tarnishing the organization’s or industry’s reputation.
That said ,the domestic enquiry process is complex and thus comes the need for employer to ensure that a experienced team of labor lawyers assist the company in enquiry process , review of all documentation and guiding the employer all through the process to ensure the issue doesn’t lead to any inadequacy in process ,further exposing organization to risks . This is done through are roboust Disciplinary investigation support services of our company.