ISSN - 2250 - 1991Volume : 1 Issue : 5 May 2012` 200

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INDEXSr. No. Title Author Subject Page No.

1 Convergence of India Gaap with International GAAP / IFRS

Prof. Kalola Rimaben A. Accountancy 1-3

2 Global Scenario of Business Ethics With Corporate Governance

Prof. Dr.Kishor V. Bhesaniya

Accountancy 4-6

3 VAT & ACCOUNTING Miss. Mira J. Bhanderi Accountancy 7-8

4 Carbon Trading: An Emerging Business Dr. Basanta Khamrui, Dilip Kumar Karak

Commerce 9-11

5 Developments in Indian Non Life Insurance Industry Ms.Kiran Sood, Ms.Supriya Tandon

Commerce 12-14

6 Parameters And Costs Influencing Transportation Decisions In Small Manufacturing Firms

Vipul Chalotra,Prof Neetu Andotra

Commerce 15-17

7 Foreign Trade Policy of India (2009-14) Dr. M. K. MARU Commerce 18-20

8 A Comparative Analysis on Profitability of Selected Petroleum Industries

Dr. Ramesh A. Dangar Commerce 21-23

9 An Empirical study on Consumer Awareness on Internet Banking in Gujarat

Dr. Vinod K. Ramani Commerce 24-26

10 Study of Factors Affecting HNIs Preferences for their Banks in South Mumbai Area

Shri. Arvind A. Dhond Commerce 27-31

11 Promotion mix straregy of jammu and kashmir co-operatives supply and marketing federation limited in jammu district of J&K state

Tarsem Lal Commerce 32-35

12 Intelligent Brain Tumor Tissue Segmentation from Magnetic Resonance Image using forward and backward anisotropic diffusion

S.Nithya Roopa,P. Vasanthi Kumari

Computer Science

36-38

13 Share of Women in Total Family Income A Two Group Discriminant Analysis

Dr.A.Shyamala Economics 39-41

14 Socio-Economic Evaluation of Shgs in Bidar District of Karnataka

Dr.Sangappa V. Mamanshetty

Economics 42-44

15 The Development of Chemical and Petrochemicals Industry in Gujarat

Dr.D.G.Ganvit Economics 45-46

16 How Can Primary Teachers Help To Assist The Development Of Positive Self-Esteem In Students Through Their Ordinary Teaching Practice?

Jigar L. Dave Education 47-48

17 Primary Mission Of Colleges Jigar L. Dave Education 49

18 Effectiveness of Readers Theatre on English Reading Comprehension

Ramesh B. Sakhiya Education 50-51

19 The Role of a Computerized Package on EFL Students' Writing Skills

Abdallah Ahmad, Baniabdelrahman, Abdulaziz A. Abanomey

Education 52-57

20 The Use of Team Teaching and its Effect on Saudi EFL Students' English Proficiency

Abdallah Ahmad, Baniabdelrahman, Abdulaziz A. Abanomey

Education 58-63

21 Study and Development of Road Traffic Noise Model Bhavna K. SutharV. R. Gor, A. K. Patel

Engineering 64-66

22 Weather Forecast Using Artificial Neural Network Laxmikant Raskar, Rohit Waghchaure, Md. Danish Raza,Mayuresh Lande

Engineering 67-68

23 Pavement Subgrade Stabilisation with Rice Husk Ash Patil N. L.,Dr. Sanjay Sharma,Dr. Hemant Sood

Engineering 69-71

24 Study of Precipitation and Stream Flow Data- A Case Study of Kim Basin

Prashant A. Ramani Engineering 72-76

25 Estimation of Revised Capacity for Deo Reservoir of Gujarat, India

Hiral Shah,N. N. Borad, R. K. Jain

Engineering 77-79

26 Nanotechnology in Cellular Lightweight Concrete Mr. Nakul Shah, Prof. Jayeshkumar Pitroda

Engineering 80-82

27 Plate Load (Model) Test for Bearing Capacity of Layered Deposite

Patel Ankit D., B.R. Dalwadi

Engineering 83-85

28 Effect of Service Bridge on natural frequency of structurally coupled multistory building

Upadhyay Nishith H., Prof. A.N. Desai

Engineering 86-88

29 Controling the Soil & Land Pollution in Sabarkantha District by Using an App Lication of Remote Sensing and Geographical Information System

Gaurang J Patel,R.B Khasiya

Engineering 89-91

30 Control The Soil Erosion & Land Pollution By Flood Reduction in The Tapi River,Surat District, Gujarat, India.

Harshad M.Rajgor,K B Khasiya

Engineering 92-95

31 Methodology for managing irrigation canal system with optimum irrigation scheduling for Meshwo irrigation Scheme

Jitendrasinh D. Raol, Roshani A.Patel,Prof S.A.Trivedi

Engineering 96-98

32 Analyis of regional water supply scheme in rural areas (Case Study: Kutch)

Niketa Patel Engineering 99-103

33 Security For Near Field Communication in Cell Phone Biren M Patel, Vijay B Ghadhvi,Mr Ashish Kumar

Engineering 104-106

34 Heterogeneous Traffic Flow Simulation at Urban Roundabout using VISSIM

Dipti S. Thanki, Asst. Prof. Ashutosh K. Patel

Engineering 107-109

35 Planning of Facilities for Pedestrian Movement in Urban Area: A Case Study of Vadaj Circle, Ahmedabad

Hitesh A. Patel,Pinak. S. Ramanuj

Engineering 110-113

36 Planning for Non-Motorized Transportation Jignesh C.Prajapati, Prof. N.G.Raval

Engineering 114-116

37 Intersection Design for Pedestrians and Cyclist Jignesh C.Prajapati, Prof. N.G.Raval

Engineering 117-120

38 Theoretical Consideration for optimum irrigation scheduling for irrigation Scheme

Jitendrasinh D. Raol, Prof S.A.Trivedi

Engineering 121-124

39 Overall Equipment Effectiveness Measurement and Review of Total Productive Maintenance

Kadiya Pinjal, Navinchandra

Engineering 125-128

40 To Study the Effect Of Stiffness on the Expansion Joint of a Building Subjected to Earthquake Forces

M.D.SHAH, P. G. Patel Engineering 129-132

41 Side Friction and Side Friction Factor (FARIC) In Ahmedabad Road Link

Parmar Dushyant J, Asst. Prof. Ashutosh K. Patel

Engineering 133-134

42 Fiber Reinforced Selfcompacting Concrete Patel Nikunj R,Elizabeth George

Engineering 135-137

43 Modal Analysis of Helical Gear Purusharth J. Patel,D.A. Patel

Engineering 138-140

44 Impact Strength of Ternary Blended Steel fiber Reinforced concrete

Samir M. Gami., D.A.Sinha

Engineering 141-143

45 Identify issues of traffic movement at landside area & remedial measures

Samir P. Mulani,Prof- Naurdin Hajiani

Engineering 144-147

46 Identification of Truck Transportation Issues at a Junction: a case study of Sarkhej Area

Himanshu. B. Shrimali, Prof- Naurdin Hajiani

Engineering 148-152

47 Assessment of Vehicular Carbon Footprint and its Reduction Measures

Chintan Patel,Prof. H.K.Dave

Engineering 153-155

48 Study of Solar Air Heaters with Different Operating Configurations

Ajaypalsinh Gangasinh Barad

Engineering 156-158

49 Traffic Flow Characteristics on Roads of Small Urban Centre

Axay S. Shah,Dr. L.B.Zala

Engineering 159-162

50 Failure in tensile testing on single lap multi-fastener joint with bolted connection

Jagdish N.Prajapati, Dr.Rajula.k.Gujjar, Prof.M.M.Pomal

Engineering 163-167

51 Study Of Infiltration Capacity At Anjar, Kutch Ravi C Ahir, Sagar D Patel

Engineering 168-169

52 Comparison of Temperature-Base Methods For Calculating Reference Evapotranspiration With Standard Penman-Monteith Method

M.R.Popat, S.N.Chavda, B.H.Pandit

Engineering 170-172

53 Electronic customer relationship management: benefits and trend

Tanuja Nair Engineering 173-174

54 VIRTUAL CLASS ROOM USING MOBILE AD-HOC NETWORK

Gaurav Katariya, Yogesh Parkhe, Devendra Patil,Pawan Pawar

Engineering 175-176

55 PARKING EVALUATION: A CASE STUDY OF AMUL DAIRY ROAD ANAND

Jaydipsinh P. Chudasama, Dr. L.B.Zala

Engineering 177-180

56 ENERGY ANALYSIS OF SOLAR AIR HEATER BY USING DIFFERENT TYPES OF ABSORBER PLATES

Vivek B. Patel,Dr. L.B.Zala

Engineering 181-183

57 Effect of Aspect Ratio W/L ,Body Bias ,and supply Voltage (vDD) for NMOS & PMOS transistor.

Rubina Siddiqui, Angeeta Hirwe, Rahul Parulkar

Engineering 184-186

58 Spider diversity of Wan Wild life Sanctuary, Vidharbha , India.

Taktode N.M. Environment 187-188

59 The Initial Human Behavioural Response to Rapid On set Natural Disaster: Earthquake

S.S. Patil, K.L. Karkare, I.B. Ghorade

Environmental Science

189-190

60 Spatio-temporal Distribution of Surface Water for Irrigation in Satara District of Maharashtra: An Analytical Study

Pawar D. H., Jadhav K.R.

Geography 191-193

61 Nagarcha wadh v kushi bhumi upyog badal nanded-vaghan ek abhyas pahani

Prof. Mane Deshmukh R. S., Dr. S. B Rathod

Geography 194-196

62 Socio-Economic and Nutritional Status of Children with Mental Retardation

Dr. S. S. Vijayanchali Home Science 197-199

63 Motivating Employees under Adverse Conditions Dr Alpesh B Joshi Human Resource

200-202

64 Strategic Human Resource Management Dr. M. Venkatasubba Reddy, B. Swetha,S. Jaya Krishna

Human Resource Management

203-204

65 Identifying Crosscutting Concerns for Software Requirement Engineering

Velayutham Pavanasam, Chandrasekaran Subramaniam

Information Technology

205-207

66 Gate pass Automation with Image,Barcode reading and Biometrics

Sumant C. Murke,Tejas N. Athavale, Sangram A. Nalawade

Information Technology

208-210

67 Plight of Rape Victims With Special Reference to India Dr. Monica Narang, Richa Sabharwal

Law 211-212

68 Libraries: An Essential Tool for the Advancement of Knowledge Resources & Research in Recent Era

Dr. Umesh Patel Library Science 213-215

69 An Analytic Study of BA/BSc/BCA/BCom Part I General English Syllabus Prescribed by the University of Jammu

Dr. Wajahat Hussain Literature 216-217

70 A Study on Quality of Work Life Dr.N.Thenpandian Management 218-219

71 Best HR Practices Kavita Trivedi Management 220-221

72 A Study on Employee Retention Practices of Automobile Industry in INDIA

Dr.K.Balanaga Gurunathan, Ms. V.Vijayalakshmi

Management 222-224

73 A Study on Innovation for Organizational Excellence in Health Care Industry in a Private Multi-Speciality Organization

Dr. C. Swarnalatha,T.S. Prasanna

Management 225-227

74 Performance measurement of Top 10 Mutual Funds with the help of Sharpe, Treynor & Jenson Model

Monal Patel, Dr. Deepak H. Tekwani

Management 228-230

75 Strategic Expansion for Growth A Case Study on Codescape Consultants Pvt Ltd. (Infinite Possibilities)

Akshay Arora,Abhilansh Bhargava, Preeti Sharma

Management 231-232

76 Role Of Education In Innovation For Economic Development - A Case Study

Dr. Ananthapadhmanabha Achar

Management 233-238

77 ROLE OF HR PROFESSIONAL IN DEALING DISCIPLINARY PROCEEDINGS CONSTRUCTIVELY - AN OVERVIEW

C Santhanamani, Dr. N. Panchanatham

Management 239-241

78 Power of Advertising Supriya Tandon Management 242-244

79 Enhancing Employee Engagement: A Need of The Hour Urmila Vikas Patil Management 245-247

80 Role of E-Learning to Enhance Qualities of Physical Education Teachers and Coaches

Gohil Rajendrasinh K. Physical Education

248-250

81 Eco Environmental Study on Nutrient Removal Potential of Eichhornia Crassipes from Domestic Wastewater

D. K. Patel, V. K. Kanungo

Science 251-253

82 Aphasia a loss of linguistic faculty Dr Alpesh B Joshi Social Sciences 254-256

83 Workaholism A Modern Day Nuisance Dr Alpesh B Joshi Social Sciences 257-258

84 Vartman me Dalit Varg ki Samasya Dr. H. L. Chavda Sociology 259-260

Volume : 1 | Issue : 5 | May 2012 ISSN - 2250-1991

PARIPEX - INDIAN JOURNAL OF RESEARCH X 239

Research Paper

* Part Time Ph. D. Scholar, Karpagam University, Coimbatore, Tamil Nadu

** Professor & Head, Department of Business Administration, Annamalai University, Tamil Nadu

Management

Role of HR Professional in Dealing Disciplinary Proceedings Constructively - An Overview

* C Santhanamani ** Dr. N. Panchanatham

Keywords : Delinquent Employee, Misconduct, Domestic Enquiry, Natural Justice

The objective of the disciplinary proceedings is to maintain discipline within the organization and prompt the employees to adhere to policies, rules and regulations of the organization. The main philosophy lying behind is to improve the job related behavior and performance of the employee. Hence, any employee who deviates from the policies, rules and regulations will be viewed that he had committed misconduct and such delinquent employee will be required to undergo the disciplinary proceedings for the misconduct alleged against him. While so, it is also equally important to implement the concept of disciplinary proceedings across the organization as a process, in accordance with the principles of Natural Justice. This article attempts to reveal about the disciplinary proceedings being practiced in reality and also emphasizes the role of Human Resources Managers in implementing the process of disciplinary proceedings in a constructive way to ensure and uphold the morale of the employees who are one of the Key Business Enablers.

ABSTRACT

IntroductionHuman Resources Development is the process of enabling employees in the organization to effectively contribute for the business growth, sustainability in the market and making things happen within the specified time frame to meet the ob-jectives of the organization. The HRD process deals with the process of competency development in employees and crea-tion of conditions through values, policies and programmes to help the employees apply these competencies for their devel-opment and of the organization.

The competencies include Knowledge, Skill, Attitude and Val-ues and the same may be developed in individuals, groups and communities. This is involved with various dimensions of developments such as physical, intellectual, social and moral developments. Among these developments, moral develop-ment is very pertinent to our study which deals with develop-ing the employees to bring orderliness, discipline and cordial relationship among the group. Maintaining of orderliness and discipline among the employees is very important to ensure that one employees comfort does not become discomfort for his co-employee or the group working in the organiza-tion. Organization is the ultimate and nobody is above the organization. To maintain this status quo and to ensure the consistent business deliverables, it is imperative on the part of the organization to develop and uphold the morale of the employees which is one of the critical factors for effectively engaging the employees in the business. To ensure this, the organization shall create conditions in terms of Values, Poli-cies, Norms, Code of Conduct, Standing Orders and other interventions and expect that all the employees of the organi-zation transform their attitude and align their behavior in line with the conditions established and implemented by the or-ganization.

Having discussed various conditions above for the moral de-velopment of the employees and to maintain order and disci-pline in the organization, for the purpose of this study, we will scope only with the Standing Orders and the related discipli-nary issues, applicable for the workmen category in any or-ganization. Also, it is pertinent to discuss here the approach of HRD in maintaining the discipline among the workmen in the

industrial establishment through implementation of the Stand-ing Orders and how the same causing impact on the industrial relation scenario in an organization

Disciplinary Proceedings An OverviewDisciplinary Proceedings is a process for dealing with job-related behavior that does not meet expected and commu-nicated performance standards. The process features efforts to provide feedback to the employee so he or she can correct the problem. It means of reprimanding employees who fail to abide by the organizations performance standards, poli-cies or rules. A standardized process is mandatory for any organization and to be incorporated in the Certified Standing Orders to deal with an employee who has breached the terms of employment in some way. If this procedure is not stand-ardized and fair, the organization may face discrimination or other legal charges.

The law relating to disciplinary proceedings is almost entirely judge made law. There is no statutory provision prescribing the procedures for initiating disciplinary proceedings. The only statutory provision is available in Schedule 2 to the In-dustrial Disputes Act which gives Tribunals power to deal with discharge of dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed. Apart from this, there seems to be no other statutory provision, and this entire concept is the creation of our socially-conscious judiciary, which has done pioneering work in this new field.

The Supreme Court of India has held in the matter of Powari Tea Estate Vs Barkataki (M.K) (1965) II LLJ 102 (S.C) that the disciplinary proceedings in industrial law have acquired great significance and industrial adjudication attachs consid-erable importance to such proceedings. Further in the matters of Rohtas Industrial Limited Vs Ali Hasan, (1963) I LLJ 253 (S.C); Associated Cement Companies Limited Vs Their Work-men, (1963), II LLJ 396 (S.C); Khardah & Company Limited Vs Its Workmen, (1963) II LLJ 452 (S.C); Provincial Transport Services Vs State Industrial Court, (1962) II LLJ 360 (S.C); Tika Ram & Sons Vs Their Workmen, (1960) I LLJ 515 (S.C), the Supreme Court has said that disciplinary proceedings is an essential condition to the legality of the disciplinary order.

Volume : 1 | Issue : 5 | May 2012 ISSN - 2250-1991

240 X PARIPEX - INDIAN JOURNAL OF RESEARCH

The objective of the above philosophy is that the society re-quires industrial peace to ensure smooth production for the economic development of the country. If the workman is ar-bitrarily or wrongfully punished for undisclosed reasons there may be unrest and friction, which is undesirable. It is therefore in the interests of industrial peace, effective production and economic development, the delinquent workman should be punished only after he has been given a fair opportunity of defending himself. By doing so, a great deal of arbitrariness, consequential grievance and unrest is avoided.

Proposed Model for Disciplinary ProceedingsIt is well settled principle through the judgements of various High Courts and Supreme Court of India that the Disciplinary Proceedings to be conducted in accordance with the Princi-ples of Natural Justice as under:

1. Nemo debet esse judex in propria causa No one shall be a judge in his own cause.In the matter of Sunil Kumar Ghosh Vs Ajit Kumar, AIR 1969 Cal 492, the Kolkata High Court held that the first requirement of natural justice is that a man should not be a Judge in his own cause. Further the Kolkata High Court has emphasized in the matter of Saxby Farmer (India) Ltd Vs 3rd Industrial Tribunal, (1962) 4 FLR 307 (Cal HC) that if a man is to be a judge in his own cause, the decision cannot be in good faith. It may be conceivable that a man may do full justice with the other side in spite of the fact that he is himself interested but it is held that this is not sufficient because justice must not only be done but should manifestly and undoubtedly seem to be done.

2. Audi alteram partem - Hear the other side or no one shall be condemned unheard.This principle emphasizes that the delinquent workman should be given a fair opportunity of adequately representing his case by hearing the evidence in support of the charge, to cross examine the witnesses produced against him and also be allowed to rebut the evidence led against him by ex-amining witnesses including himself if he so wishes on any relevant matter.

In the light of the above principles, the broad process of disci-plinary proceedings is as under: Disciplinary proceedings to be initiated against a delin-

quent workman in order to maintain and enforce disci-pline in the industrial establishment.

Written complaint is the base for initiating the domes-tic enquiry. Without written complaint, the disciplinary authority shall not initiate domestic enquiry against any workman.

Preliminary enquiry, as applicable, to be conducted to find out whether any prima facie case is there to initiate a de-tailed enquiry.

Charge Sheet in writing to be served on the delinquent workman to ask for his explanation.

Enquiry Officer, who is neutral and unbiased, to be ap-pointed.

Enquiry to be conducted by the Enquiry Officer by serving the Notice of Enquiry to the parties i.e., to the manage-ment and to the delinquent workman.

Adequate and fair opportunity to be given to the manage-ment as well as to the delinquent employee to defend their case.

Submission of the findings by the Enquiry Officer to the punishing authority.

Second Show Cause Notice to be given to the delinquent workman on the proposed punishment.

Punishment to be given based on the findings of the en-quiry officer, gravity of the misconduct, the past record of the delinquent workman and the explanation submitted by the delinquent workman on second show cause no-tice.

Thus, by adopting the above process a conducive industrial relations will be ensured which is the prerequisite for enhanc-ing productivity in the organization.

MethodologyTo gain an understanding about how the process of discipli-nary proceedings being adopted in the organizations, a sur-vey conducted in SIPCOT Industrial Estate, Cuddalore, Tamil Nadu. In depth interviews conducted with the HR people, trade union leaders and the labour law practitioners.

Case Studies of the Organization SurveyedOrganization AOrganization A is manufacturing of specialty chemicals and formulations catering the industrial and the domestic needs with 450 employees on the roll. Due to multi union scenario, the management of the organization was adopting strategies in such a way that at least either one of the union will sup-port the management of the organization at any point of time. While so, in the year 2007 the members of the both the un-ions viz., Union A and Union B have got into altercation in the workplace while on duty which has resulted into man handling of each other and workman of Union B was se-verely injured. In turn, a group of workmen of Union B have indulged into violent activities and thus the workmen belong to both the unions were fighting with each other. The man-agement suspended the workmen of both the unions pending enquiry. During the enquiry, the delinquent workman of Union B submitted an apology letter to the management and based on the same, the management dropped the disciplinary pro-ceedings initiated against the said workman and revoked the suspension. On the other hand, the delinquent workmen of Union A appealed the management to complete the process of enquiry and find out the facts and based on the findings of the enquiry officer, the delinquent workmen of the both unions to be dealt. However, the management negated the appeal of the Union A and also dismissed the delinquent workmen without giving a second show cause notice on the proposed punishment. The aggrieved workmen of Union A resorted strike in the organization due to which the organization had lost 70 % of the production for a period of 40 days. Also, when the dismissed workmen approached the Labour Court, Cud-dalore, the Court condemned the approach of the manage-ment and also directed the management to reinstate the said workmen. The said award of the Labour Court was confirmed by the High Court, Chennai also.

Organization BOrganization B is a Pharma Industry wherein 250 workmen engaged in the manufacturing and support services out of which 180 workmen belong to Union A and the balance 25 workmen belong to non union category. The Union A submit-ted a Charter of Demands claiming wage increase and other benefits. During the wage negotiation, the Union A was not agreeing to the wage increase proposed by the management and a deadlock caused in the discussion. While so, the HR Manager of the organization carried out surprise check during the night shift on a particular day and he found that the Gen-eral Secretary of the Union A was sleeping while on duty. The HR Manager suspended him pending enquiry. The union condemned the activity of the management and they ques-tioned about the necessity of suspending pending enquiry. Also, the union proposed the management to initiate disci-plinary proceedings, as per the Standing Orders and hence they requested the management to revoke the suspension. The management refused to revoke the suspension which resulted in illegal strike resorted by Union A. The manage-ment further suspended nine workmen alleging that they were the instrumental to the strike. After some point of time, the management revoked the suspension of the all the workmen including the General Secretary of the Union A without as-signing any reasons. All the ten workmen claimed the wages and the other benefits for the suspension period since the suspension was illegal. The management has negated the claims of the said workmen and having aggrieved by the de-cision of the management, the said workmen filed a petition before the Labour Court, Cuddalore for seeking the remedy. The Labour Court has directed the management to pay full wages and the other benefits for the suspension period on the ground that the management has not adhered to the pro-

Volume : 1 | Issue : 5 | May 2012 ISSN - 2250-1991

PARIPEX - INDIAN JOURNAL OF RESEARCH X 241

visions of the Certified Standing Orders of the organization.

Discussion The organizations studied basically are chemical based in-dustries and prone to industrial relations issues. When the issues were analyzed, it was observed that the trust level between the management and the workmen was absolutely lacking. Though both the organizations were having estab-lished guidelines for handling the disciplinary matters, they were more inclined to punish the delinquent workmen rather giving an opportunity for them to correct their behavior. Also, while awarding the punishment the management was too bias and the victimization of workmen was more explicit. In Organization A, the disciplinary authority has not considered the appeal of the suspended workman and thus violated the principles of Natural Justice. Also, the disciplinary authority has not given the second show cause notice to the delinquent workmen of Union A about the proposed punishment and not given an opportunity to explain their claim throughout the disciplinary proceedings due to which the Labour Court and the High Court have vitiated the complete disciplinary proceedings and directed the management to reinstate the dismissed workmen. Due to biased approach of the manage-ment, even the fit case itself turned against the management. Over and above, the management witnessed unnecessary in-dustrial unrest which has resulted into loss of production and revenue and further tarnished the reputation among the cus-tomers since they were unable to meet the delivery schedule.

In Organization B, though the act of the General Secretary of the Union A was not acceptable and also it was misconduct under the provisions of the Certified Standing Orders of the organization, the inappropriate course of action adopted by the management caused adverse effect to the management. Firstly, the nature of alleged misconduct committed by the de-linquent workman cum the General Secretary of the Union A does not warrant for suspension pending enquiry because the disciplinary authority can exercise the option of suspend-ing a delinquent workman pending enquiry only when the act of delinquent workman adversely affect the discipline in the organization and also when the employer faces a grievous situation that they are unable to run the organization due to physical presence of the said delinquent workman. Due to inappropriate approach of the management, the workmen of the Union A felt that the management was trying to vic-timize the General Secretary of the Union A and break the deadlock of the negotiation by adopting unfair means which resulted into illegal strike and thus serious industrial unrest caused. Also, revoking of the suspension of all the workmen without assigning any reasons also created strong apprehen-sion in the minds of the workmen which has proved in the Court of Law.

Suggestions and ConclusionsHaving understood and analyzed the above case studies, it is important to note that the concept of Industrial Relations can-not be ignored and it is one of the critical factors for the suc-cess of any organization. Hence, it is imperative on the part of Human Resource Managers to implement the process of disciplinary proceedings in a constructive way to ensure and uphold the morale of the employees. The primitive days have gone when the employer used the Disciplinary Proceedings as a powerful tool to press the work force and implementing the process as per their whims and fancies by conveniently neglecting the golden rules of principles of Natural Justice. Though so many judgements and awards pronounced by various courts on how to have constructive approach in im-plementing the disciplinary proceedings, the contemporary

industrial scenario still faces serious setbacks in terms of im-plementing the disciplinary proceedings.

In view of the above, it is high time to revisit and introspect about the approach of the organizations in implementing the disciplinary proceedings in a constructive manner and some of the key suggestions are as under:

The management of any organization must exhibit their intention in such a way that all the employees in the or-ganization must perceive that the objective of implement-ing the disciplinary proceedings in the organization is to maintain the discipline in the organization. To make it very specific, the management shall not exercise the disciplinary proceedings to victimize the employees who are very active in the trade union activities or to dilute the bargaining capability of the trade union during the course of negotiation over the claim of wage or bonus and other service conditions.

The HR professionals normally will not own the discipli-nary proceedings as one of their job. It is always assumed that the process of disciplinary proceedings is more of legal nature and HR professionals feel that it is not their domain. At this juncture, more awareness to be created to the HR professional that how much the process of dis-ciplinary proceedings is critical for conducive industrial relations.

Every HR professional should realize that the process of disciplinary proceedings is one of the critical training needs for them and hence they are mandatorily to get imparted training to bridge the said competency gap.

HR professional should play a very key role in implement-ing disciplinary proceedings in a systematic, reasonable and neutral manner. To make this happen, they should be conversant with the provisions of the Certified Standing Orders or Model Standing Orders of the organization with regard to disciplinary proceedings.

Any ambiguity in implementing the disciplinary proceed-ings to be eliminated with great care by having the guide-lines prescribed by the High Courts and Supreme Court on various labour matters.

The implementation of disciplinary proceedings shall not be exercised in a very mechanical way. Rather lot of hu-man touch to embedded into the system to ensure that the delinquent workman exhausts all the reasonable op-portunities available for him to defend his case. Moreo-ver, it is important to take great care while imposing the punishment because the philosophy behind the imposing the punishment to reform and refine a person rather vic-timizing or depriving his livelihood.

In the light of the above context, to improve and sustain the morale of the employees in the organization, to maintain good industrial relations and industrial peace, it is imperative on the part of every HR professional to deal each and every disci-plinary matter in a very systematic, reasonable and neutral manner. It is needless to say that the golden rules of princi-ples of Natural Justice cannot be neglected under any circum-stances. Thus, a fair and reasonable approach in disciplinary proceedings will ensure conducive industrial relations which will enhance the productivity of the employees and pave way for successful growth of the organization.

REFERENCES

1. Rao, P.L., Human Resources Development. Indian Society for Training and Development. Pp: 1-4. ~ 2. Kothari, G.M. (2001), How to Conduct and Defend Disciplinary Inquiries and Cases. Wadhwa and Company. Law Publishers. 2nd Edition: Pp: 1-6, 9-10, 335-346. ~ 3. Ramakrishna, K (2001), Disciplining Misconduct in Industry. Asia Law House. 4th Edition: Pp: 1-4, 18-32, 80-91,106-118,169-181. ~ 4. Natarajan, A.K (1988), Hand Book on Disciplinary Action Law & Procedure. Institute of Industrial Relations and Management. 1st Edition: Pp: 2, 97-101. ~ 5. Markanday Katju (1996), Domestic Enquiry. N.M. Tripathi Private Limited. 5th Edition: Pp: 3-5. ~ 6. Fitzgerald, P. J (2007), Salmond on Jurisprudence. Universal Law Publishing Co. Pvt. Ltd. 12th Edition: Pp: 94-99. ~ 7. Ghaiye, B.R. (1990), Law and Procedure of Departmental Enquiries in Private and Public Sectors. Vol 1 Eastern Book Company. 3rd Edition: Pp: 2-45.

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