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............................................................................................................................. Description The new edition of Domestic Enquiry provides an extensive and analytical insight into the rule of Audi Alteram Partem, which means 'hear both sides'. It is a cardinal rule of justice that no man should be condemned unheard. The author has, with the support of judicial pronouncements, discussed quite clearly what constitutes 'reasonable opportunity’. After the Second World War, there was a spate of legislative activity in the field of labour law in India, accompanied by a rapid growth of judge made law. The whole object of this state intervention and judicial activism in the field was to harmonise industrial relations and bring peace to industry. One of the key principles involved in the process was that before dismissing a worker, he must be given an opportunity of hearing, where he could prove his innocence. This hearing is known as a domestic enquiry. In this revised edition, Justice Markandey Katju has attempted to put together the laws relating to domestic enquiry. The book critically analyses and comments on the statutory provisions and judicial pronouncements, and offers suggestions for amending the existing law. It discusses, very lucidly and systematically, laws relating to domestic enquiry. The citation of case law is judicious and up-to-date. The book will serve as a valuable reference to judges and lawyers dealing with labour laws and industrial laws, personnel and labour officers, trade unionists, employers and employees. ............................................................................................................................. Contents Part I - Introduction Chapter 1. Introduction Part II - Procedure of Conducting a Domestic Enquiry Chapter 1. Introduction Chapter 2. Preliminary Enquiry Chapter 3. Chargesheet Chapter 4. Procedure in a Domestic Enquiry Chapter 5. Findings of the Enquiry Officer Chapter 6. Letter of Punishment Part III - Rules of Natural Justice Chapter 1. Introduction Chapter 2. Rule against Bias Chapter 3. Opportunity of Hearing Chapter 4. Giving of Reasons Part IV - Misconduct Chapter 1. Introduction Chapter 2. Types of Misconduct Chapter 3. Examples of Misconduct Chapter 4. Defences to Charges of Misconduct Part V - Punishments Chapter 1. Introduction Chapter 2. Dismissal Chapter 3. Discharge Chapter 4. Suspension Chapter 5. Other Lesser Punishments Part VI - Tribunal’s Jurisdiction to Interfere Chapter 1. Reference Chapter 2. General Principles Chapter 3. Victimisation, Unfair Labour Practice and Perversity Chapter 4. Procedure before the Tribunal Chapter 5. Tribunal’s Power to Give Relief in Cases of Wrongful Termination of Service Chapter 6. Section 11-A Part VII - Proceedings under Section 33 Chapter 1. Proceeding under Section 33 Part VIII - Interference by High Court Chapter 1. Interference by High Court Part IX - Model of Documents Model of Documents and Forms Part X - Appendix The Industrial Disputes Act, 1947 Index ............................................................................................................................. Author Details Justice Markandey Katju is a Judge of the Allahabad High Court. He holds a first-class academic record. He started his career as an Advocate at the Allahabad High Court. He has specialised in labour law, taxation and writ matters. He also takes a keen interest in legal theory. He has edited a number of books and has contributed articles and chapters to leading books and journals. .............................................................................................................................
