Chapter: 3.2 Domestic Enquiry in the Industrial Employment Act

Domestic Enquiry

No employer can punish his employee without holding enquiry into the acts of misconduct committed by him. The principle involved is that nobody should be punished unheard. Domestic Enquiry is the process of investigating facts and to establish whether an act of misconduct has really been committed by the delinquent.

• The Enquiry in a Nutshell (sequence & Stage)
1. Misconduct committed,
2. Complaint or report
3. Preliminary enquiry (if not necessary, may be dropped).
4. Framing and issuing chargesheet.
5. Serving the chargesheet.
6. Considering workers reply
7. Appointing enquiry officer - Notice of enquiry.
8. Holding actual enquiry.
i) Recording employer's evidence
ii) Cross examination by defence
iii) Recording Evidence of defence and plea of delinquent.
iv) Goss examination by the Management

9. Report of the enquiry officer.
10. The management must send this report to the delinquent & invite his reply / comments
11. Awarding punishment

Principles of Natural Justice

At every stage, the enquiry must confirm to the principle of natural justice. Normally enquiry must be held in the presence of the delinquent and he should be allowed to be defended by his representative.