Discipline – Vital for Industrial Harmony
Practice And Procedure on conducting Departmental domestic and Other Enquirers
I. Discipline
a) Whether statutorily defined
Discipline is not defined under any labour law. Therefore the meaning of discipline as per dictionary is mental or moral training or a system of rules for conduct or behaviour according to established rules.
Discipline, thus with reference to a nation, can be said to be
conducting oneself according to the law of land and with reference to
society, it means conforming to the norms of society as to what is right
and wrong and with reference to an organization or establishment, it
means obedience to it’s rules or authority.
The Apex Court in Madhya Pradesh State Electricity Board’s case (cited below) has described discipline as a
form of civilly responsible behaviour which helps maintain social order
and contributes to the preservation, if not advancement, of collective
interests of society at large.
M.P. Electricity Board v. Jagdish Chandra Sharma,
2005 II LLN 67 : 2005 I CLR 1074 : 2005 (3) SCC 401 (S.C.3J)
2005 II LLN 67 : 2005 I CLR 1074 : 2005 (3) SCC 401 (S.C.3J)
Thus in a work place setting, discipline means systematic and orderly
conduct of employees in compliance of rules of an organization that
regulate their behaviour.
b) Why discipline necessary – Rationale
It is no body’s guess that progress is possible only during peace and
peace reigns only in an environment of discipline and discipline at work
place is essential for efficient working of an organization. While a
conduct like disorderly behaviour on the part of the workmen disturbs
industrial peace and harmony, indisciplined behaviour like habitual
absenteeism or willful insubordination or resorting to agitation like
go-slow is considered to be the insidious way of damaging production and
growth of an industry and need to be corrected immediately.
The second rationale for maintaining discipline in industry is the
growing competition in the market in which the fittest will only
survive. In view of globalization of economy and liberalization of
licensing policy which opened up Indian industry and commerce to
competition from multinationals as well as among the domestic business,
the only way to survive competition is to ensure sustained productivity.
Hence, discipline at work place has assumed more significance in recent
times and this mood is well reflected in the judgment of the Apex Court
in the case of of Madhya Pradesh Electricity Board v. Jagadish Chandra Sharma, 2005 which states that the
idea of discipline is more relevant in considering the working of an
organization or an industrial undertaking and obedience to authority is
not slavery or violation of natural rights. It is essential for the
prosperity of the organization as well as that of its employees.
The Courts reiterating the importance of discipline for smooth running
of an organization, have denied reinstatement of workmen in the
following cases who were guilty of either gross indiscipline like
willful insubordination or disorderly behaviour or betrayed the trust
reposed in them by the employer.
- Madura Coats Ltd. Tuticorin v. P.O. Labour Court, Tirunelveli & Ors.,
- M/s. Graphite India Ltd. v. State of West Bengal & Ors.,
- Engineering Laghu Udyog Employee’s Union v. Judge, Labour Court & Industrial Tribunal,
c) Employees’ Conduct – How to regulate and control
The employer-employee relationship embodies in it certain inherent
rights and obligations on the part of the employer and employee
respectively. The employee is required to discharge his obligations
under the contract of service diligently and contribute to achieving
goals of the organisation to the best of his skill, knowledge and
ability while the employer reserves his right to discipline him
including the right to terminate him, if his conduct is not
satisfactory. However this right of the employer is regulated by the
principles of natural justice like giving hearing to the employee before
passing any penalty against him which will be dealt with elaborately in
the forthcoming chapters.
To regulate and guide the conduct of the employees so as to be conducive
to smooth functioning at work place, it is essential for the employee
to know what he should do or should not do while in employment.
Therefore it is necessary for an employer to put him on notice as to
what conduct on the part of the employee is not desirable at the work
place. Mere drawing up a list of acts of omissions and commissions will
not merely restrain an employee from committing them. There should be an
element of deterrence that needs to be combined with them. The
deterrence will be supplied by providing for penal liabilities in the
form of punishments either for showing undesirable conduct or for not
showing desirable conduct.
The employer can implement the following regulatory measures:
- Communicate the goals of the organization to all employees.
- Emphasize on the cooperation of the employees as partners inprogress in achieving the goals.
- Design a grievance handling procedure.
- Enumerate Acts of misconduct and penalties therefore and put the employees on notice of them.
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