domestic enquiry final

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Chapter-1 ORGANIZATION PROFILE 1.1 About Instrumentation Limited: Instrumentation limited better known as IL, is a GOVT. of India Enterprise, which was set up in 1964 with the prime objective of attaining self-reliance in the field of control and automation for the process industries. Today IL is manufacturing and supplying state-of-the-art control equipment on turnkey basis to the industry viz power, steel, fertilizers, chemical, petrochemical, refiners, cement, paper, textile, space and oil and gas. IL has its plants at Kota and Palghat (Kerala) with over 25 years of experience and a dedicated workforce. IL has mastered all complexities of control system requirements and has lead their customers through their projects, from system designs detail engineering and manufacturing installations, final commissioning to after sales service and customers training. It has now diversified itself in the field of Telecommunication Power Electronics and Railway Signaling System.IL after establishing itself as an undisputed leader

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Page 1: Domestic Enquiry Final

Chapter-1

ORGANIZATION PROFILE

1.1 About Instrumentation Limited:

Instrumentation limited better known as IL, is a GOVT. of India Enterprise, which was set up in 1964 with the prime objective of attaining self-reliance in the field of control and automation for the process industries. Today IL is manufacturing and supplying state-of-the-art control equipment on turnkey basis to the industry viz power, steel, fertilizers, chemical, petrochemical, refiners, cement, paper, textile, space and oil and gas.

IL has its plants at Kota and Palghat (Kerala) with over 25 years of experience and a dedicated workforce. IL has mastered all complexities of control system requirements and has lead their customers through their projects, from system designs detail engineering and manufacturing installations, final commissioning to after sales service and customers training.

It has now diversified itself in the field of Telecommunication Power Electronics and Railway Signaling System.IL after establishing itself as an undisputed leader has crossed the Indian borders to supply equipments on turnkey basis in an international markets. IL has supplied various instruments for two thermal power stations in Malaysia, established a service center at Kufa complex in Iraq; supplied instruments for Ethiopian petroleum company of Ethiopia; supplied instruments for Esfahan steel plant, Iran and the list goes on.

In addition, a major breakthrough has been made in capturing the market for Hi-tech Digital Control Systems for refineries in the USSR.

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1.2 Collaborators of Instrumentation Limited

In search of excellence, IL has gone into technical collaborations with a number of renowned international companies for the manufacture of advanced instrument systems:-

YAMATAKE HONEYWELL, JAPAN

FUJIELECTRIC CO, JAPAN

TOSHIBA CORPORATION, JAPAN

ABB KENT, UK

TOKYO KEISO, JAPAN

C-DOT INDIA

SEGAULT, FRANCE

AUGUST SYSTEM, UK

KYOSAN ELECTRIC CO, JAPAN

DR THIEDIG, WEST GERMANY

WESTING HOUSE, IRELAND

L BERNARD, FRANCE

1.3 Products of Instrumentation Limited

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The company has developed very good product mix. Detail of main products being manufacturing in different units are given below:-

Products from Kota Unit:

This is the oldest unit. Main products from this very unit are:-

1. Telecom Circuits

2. Microprocessor Based Controller and Recorder

3. Electronic Transmitter

4. Gas Analysis and Pollution Monitoring Instruments

5. Annunciators

6. Railway Signaling System

7. Pneumatic Instruments and Transmitter Panel

Kota unit is engaged in production of modern distributed digital control system, process and power simulator for power and process industries and triple redundant controller, which are based on microprocessor.

Along with the product listed above this unit also manufactures:-

8. Modern Distributed Digital Control System

9. Power and Process Simula

Products from Phalghat Unit : 1. Control Valves

2. Safety Relief Valves

3. Large- size soft- Seated Butterfly Valves

4. Electrical Actuator

5. Control Valves for High Pressure Drop

6. Low Noise Valves

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7. Pneumatic Control Drives

8. Special below Sealed Valves for Nuclear Service

9. Tank Level Gauging System

10. Valve stand for Steel melting shop.

1.4 Services of Instrumentation Limited

The Instrumentation limited has its own servicing department where faults of instruments manufactured by the company are removed. For this purpose customer training courses are designed to meet the neds of instruments.

A company’s future depends upon the customers, in today’s world customer is the king its very important for companies to not only provide them with what they want but also to assist them time to time.

Each and every branch of IL has its own service departments, headed by a service engineers and also supported by central service department at the head quarters.

When IL takes up a project, it is not just the schemes and systems of the instrumentation but rendering of all the updated technology, innovative thinking and professional experience.

IL provides the following services to his customers:-

After- Sales Services

Customer Training

Research and Development

Documentation

Installation and Commissioning

Routine Checks and Repairs

1.4 Major Customers of Instrumentation Limited

Page 5: Domestic Enquiry Final

Instrumentation has not only spread his wings in India but also in every part of the globe. The companies fully satisfied customers around the world map tells the companies success story.

NATIONAL ELECTRICITY BOARD, MALAYSIA.

ESFAHAN STEEL PLANT, IRAN

HUNGRAIN NATIONAL OIL AND GAS CO. (HUNGRARY)

Besides many international customers, the company also has many leading projects under its belt….

GUJRAT ELECTRICITY BOARD

MANGALAM CEMENTS (MORAK)

DELHI ELECTRICITY SUPPLY UNDERTAKING

HARAYANA STATE ELECTRICITY BOARD

CENTRAL RAILWAYS

MAHARASTRA STATE ELECTRICITY BOARD

NATIONAL THERMAL POWER CORPORATION

GRASIM INDUSTRIES

PUNJAB ELECTRICITY BOARD

RAJASTHAN ELECTRICITY BOARD

WEST BENGAL ELECTRICITY BOARD

SALE (BOKARO STEEL CITY)

HEAVY MACHINES BUILDING (HEC)

INDIAN IRON AND STEEL CO. LIMITED

1.6 LIST OF MAJOR CUSTOMERS

POWER:

(A) Power Plant Automation-C&I Turnkey Projects- National Electricity Board (NEB), Malaysia National Thermal Power Corporation (NTPC) Ahmedabad Electricity Company (AECO) Andhra Pradesh State Electricity Board (APSEB) Assam State Electricity Board (ASEB)

(B)Electricity Distribution- Construction, Renovation, & Modernization of Electeic Sub-Station on Turnkey Basis-

Page 6: Domestic Enquiry Final

Uttar Pradesh Power Corporation Limited (UPPCL) Uttaranchal Power Corporation Limited (Uttaranchal PCL)

STEEL: Esfahan Steel Plant, IRAN Steel Authority of India Limited, Alloy Steel Plant, Durgapur Steel Authority of India Limited, Bhilai Steel Plant Steel Authority of India Limited, Bokaro Steel Plant Heavy Machines Building, HEC Indian Iron & Steel Corporation Malvika Steel Limited, Jagdishpur

REFINERIES: Promavtomatika Grozny, USSR Hungarian National Oil & Gas Corporation, Hungary Madras Refineries Limited Cochin Refineries Limited Hindustan Petroleum Corporation Limited, Vishakhapatnam Bharat Petroleum Corporation Limited, Mumbai Indian Oil Corporation Limited, Mathura, Refinery

OIL & NATURAL GAS: Oil & Natural Gas Commission, RAWA Gas Authority of India Limited

PETRO CHEMICALS: Indian Petrochemicals Corporation Limited, Baroda Ethiopian Petroleum Corporation, Addis Ababa Maharashtra Gas Cracker Complex, Ngothane Bharat Heavy Electrical Limited, Trichy Consolidated Fibres & Chemicals Limited

CHEMICALS: Gujarat Alkalies & Chemicals Limited, Baroda Calico Chemicals Limited, Baroda Polymer Corporation of Gujarat Limited Alkyl Amines & Chemicals Limited, Patalganga, Maharashtra Hindustan Organic Chemicals Limited, Rasayani

Page 7: Domestic Enquiry Final

Indian Organic Chemicals, Madras Tuticorin Alkali Chemicals & Fertilizer Mettur Chemicals Industries DCM Chemicals Works Dharmasi Moraji Chemicals

FERTILIZERS: Zuari Agro Chemicals Limited, Goa SPIC, Tuticorin Tuticorin Alkali Chemicals, Tuticorin The Fertilizer Corporation of India Limited Shriram Fertilizer, Kota Gujarat Narmada Valley Corporation, Bharuch Indian Farmers & Fertilizer Cooperatives, Phulpur

CEMENT: Cement Corporation of India Limited Chetinad Cements Tamilnadu Cements Ariyallur Cements Rasi Cements Dalmia Cements Panyam Cements Arangulam Cements Udaipur Cements Works Associated Cements Works

ATOMIC ENERGY: Department of Atomic Energy (DAE) Nuclear Power Corporation India, Limited Khammam Chemicals Refinery

MINERALS AND METALS: Neyveli Lignite Corporation Nationals Mineral Development Corporation Graphite India Limited Hindustan Zinc Limited Hindustan Copper Limited Hindustan Aluminium Limited

Page 8: Domestic Enquiry Final

PAPER: Hindustan Paper Corporation Limited

(a) Jessop & Company Limited(b) Utkal Machinery Limited(c) Eastern Paper Mills Limited

Titagarh Paper Mills Limited Andhra Paper Mills (A.P.) Security Paper Mill, Hoshangabad Straw Products Limited, Rayagada, Orissa

PHARMACEUTICALS: Indian Drugs & Pharmaceuticals Limited, Hyderabad, A.P. Indian Drugs & Pharmaceuticals Limited, Muzaffarpur, Bihar Hindustan Antibiotics Limited Indian Drugs & Pharmaceuticals Limited, Rishikesh

TEXTILES: Gwalior Rayon Silk Manufacturing (Wvg) Company Limited,

Nagada Modipon Baroda Rayon Corporation Garware Synthetics, Kota JK Synthetics, Kota

SUGAR: Mawana Sugar Works (M.P.) Gangawati Sugar Limited Daurala Sugar Works (U.P.) Kallakurichi Company Operative Sugar Mills (T.N.) Andhra Sugars (A.P.) Gangavati Sugar

SPACE: Indian Space Research Organisation, SHAR Center, Sriharikota

(A.P.) Vikram Sarabhai Space Center, Trivandrum

OTHERS: Central Electronics Limited, Sahibabad

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Haryana Glass Sheet Limited, Sonipat Mass Computer Services, Delhi Ordinance Factory, Kanpur Department of Telecommunications, New Delhi Malviya, Regional Engineering College, Jaipur National Physical Laboratory, New Delhi Pyrotech International Private Limited, New Delhi Kinetic Technology of India, New Delhi Hindustan Aeronautics Limited JK Industries Limited, New Delhi Sulabh Project & Marketing Limited, New Delhi

RAILWAY SIGNALLING: North- Eastern Railways Western Railways Central Railways South-Central Railways National Thermal Power Corporation Limited RITES 7 Core, Allahabad

DEFENCE PRODUCTS: Ordnance Factory, Chanda Department of Defence Supply, New Delhi Defence Laboratory, Jodhpur Heavy Vehicles Factory, Avadi Ordnance Cable Factory, Chandigarh Opto Electronic Factory, Dehradun ARDE, Pune

TELECOM EXCHANGES: West Bengal Telecom Circle Karnataka Telecom Circle Bihar Telecom Circle Gujarat Telecom Circle Rajasthan Telecom Circle Haryana Telecom Circle North East Telecom Circle Andhra Pradesh Telecom Circle Uttar Pradesh Telecom Circle Kerala Telecom Circle Himachal Pradesh Telecom Circle

Page 10: Domestic Enquiry Final

Uttaranchal Telecom Circle

1.7 Major Suppliers of Instrumentation Limited

GAMATRONIC (ISRAEL)

JEMA (SPAIN)

FUJI(JAPAN)

VINIT IMPEX (MUMBAI)

EXIDE INDIA (CALCUTTA)

FINOLEX CABELS (MUMBAI)

HAVELLS INDIA (NOIDA)

AUTOMATIC ELECTRIC (MUMBAI)

R. S COMPONENTS (MUMBAI)

ABB (BANGLORE)

TAYLOR INDIA

ANDHRA PAPER MILLS

1.8 Important Milestones Achieved

o 1964 – Established with registered office at Kota

o 1968 – C & I production commenced

o 1975 – Control valve production commenced

o 1982 – Special Temp. Sensor (RTD) for nuclear plant

o 1985 – Railway Signaling

o 1987 – Digital electronics production commenced

o 1988 – Major diversification in Tele-communication

o 1991 – Diversification in ups power electronics

o 1995 – Diversification in water treatment automation

o 1998 – Diversification in defense products

o 1999 – Production of nose fuse (defense order)

o 2001 – Production of firing device (defense order)

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o 2002 – Production of large size telephone exchanges

o 2003 – Production of special solenoid valves for nuclear application(defense order)

1.9 Financial Highlights of Instrumentation Limited

The year 2003 – 2004 was the forth year after sanction of reveal plan of the

company. Through sustained efforts of the company for Performance enhancement

with the support of the government and all other concerned stake holders, the fact

that the world economy also did not turn around the Iraq war contributed to the

uncertainty, the company has been successfully in achieving a higher turnover of RS

15324 LAKH’S.

The operating loss for the year 2003 – 2004 is also reduced to Rs 623 lakhs as

compared to previous years operating loss of Rs 1091 LAKHS the net loss for the

year 2003 – 2004 was Rs 2902 LAKHS as compared to the previous years net loss

of Rs 2918 LAKHS.

The silent features of the operating results for the year 2003 – 2004 as compared to

the previous years are given below:-

SNO PARTICULARS 2003-2004 2002-2003

1. TURNOVER 15324.77 13152.622. EXPENDITURE ON MATERIAL 7360.53 7234.83. EMPLOYEES REMUNERATION 3359.78 3801.414. OPERATING PROFITS 622.54 1091.495. PROFIT AFTER TAX 2477.85 2710.09

2902.27 2917.58ALL AMOUNTS ARE IN LAKHS

In view of the fact that world economies did not turned around and the Iraq war

contributed to the uncertainty in spite of the acute competition the difficult business

climate and the difficulties faced by the company in the year 2003-2004 the

company has not only been successful in maintaining its market foot hold but

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achieved a high turn over through sustained efforts backed by quality product and

services the company has secured order booking of Rs. 134 cr. during the year

2003-2004.

Some of the major and prestigious orders are as below:-

Orders of Rs. 608 lakhs from ONGC.

Orders of Rs. 385 lakhs for control valves from L&T, Chennai.

Orders of Rs. 150 lakhs for R&M jobs from NTPC Tanda unit 3.

Orders of Rs. 316 lakhs from Zonal Railways. The unit wise contribution towards company turnover is indicated below:- S.NO. UNIT 2002-2003 2001-20021. KOTA UNIT 5157.67 4381.872. PALGHAT UNIT 3763.92 3512.873. JAIPUR UNIT 0 581.54. MARKETING UNIT 647.92 614.73

ALL AMOUNTS ARE IN LAKHS

The company also received a tremendous response from its foreign customers

based in various part of the world like Saudi Arabia, Singapore, Taiwan ect

company’s export turnover standard ended at about 51.58 lakhs in the yr. ended.

Overall it was a warm year for Instrumentation Limited. It laid solid foundation and

set out path for the future growth and success. The company succeeded in keeping

its extravagant expenditures in control.

Page 13: Domestic Enquiry Final

Chapter-2

RESEARCH

Research is a scientific and systematic search for pertinent information on a specific topic.

Research is a systematic design, collection, analysis and reporting of data and

findings relevant to a specific situation facing the company.

OBJECTIVES OF RESEARCH:

i. To plan each and every action under the framework provided for code of

conduct.

ii. To maintain peace, discipline and harmonial Industrial Relations.

iii. To find out the unknown.

iv. To portray accurately the characteristics of a particular individual, group or

situation.

v. To judge the effectiveness of Industrial Relations in IL.

vi. To know about the gap areas of Industrial Relations in IL.

vii. To diagnose the strengths and weakness of management policies to identify

the elements of Industrial Peace.

viii. To test the hypothesis.

ix. To provide the feedback to management so that they come to know where

they can improve the law and order situation in the organization.

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SCOPE OF PROJECT:

The project was undertaken to the Disciplinary Action and Domestic Enquiry of I.L. Following are the scope.1. To develop the capacity of the organization (i.e. IL) and its members to perform

well.

2. To lead the company efforts to create a workplace in which people can work with

full potential.

3. To facilitate achievement of organizational goals through a process of Domestic

Enquiry linked to company’s objectives.

4. Industrial Relation helps to create a work environment in which people are

enabled to perform to the best of their capability.

5. To provide the justice to the employees.

6. To conduct Domestic Enquiries which helps to keep the employees moral and to

help the organisation to administer better.

7. To maintain the general discipline in the organisation to raise the level of

Industrial peace.

Problem Statement:

Some of the Problem statement are

I. There must be systematized procedure for speedy and prompt disposal of Disciplinary Action.

II. There must be wide publicity of rules in the organization.

III. Enquiry process system should have judicious goals.

IV. Industrial Relation should be linked with :-

Natural justice Goal achievement Regular reviews Harmonial relationships

. DATA SOURCE

The second stage of research call for developing the most efficient plan for

gathering the needed information.

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To cover all the aspects of the objective, the needed information was collected

through secondary data.

My project was undertaken on secondary basis the information for the same was

collected from the following sources

Sources:

Internet Books, Magazines Office Literature Central and state level publications for the company Periodical reviews Journals Company’s literature Public records Newspaper

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Chapter-3

INDUSTRIAL DISPUTE ACT, 1947

Industrial Dispute means any dispute of difference between employees and

employer, or between employers and workmen or between workmen and workmen,

which is connected with the employment or non- employment or with the conditions

of labour of any person.

There can be no growth of industrial structure unless the employers and the

workers realize the special significance of their natural relations and responsibilities

laid upon each other.

The industrialization of the country has its blessings as well as evils and the workers

employed in industries are immediate victims of these evils . The efforts made

towards the eradication of these evils leads to certain serious disputes and conflicts

between the workers and the employers. These conflicts sometimes bring stoppage

of the industry effecting the whole system. The breakdowns of the economic

systems tend to impoverish the community at large. Thus we can say that prevention

of industrial strife assumes an important role in the national policy.

3.1 Need and Purpose of the act :

The very preamble of the Industrial Disputes Act says that the object of the

enactment of Act is the proper adjustment of relations between labour class and

capitalist class , while at the same time law and order is also maintained and there

must also be the increase in the industrial production. The purpose of the act is to

maintain industrial harmony.

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In one sentence we can say that the purpose of the Act is to ensure social to both

employees and employer and to advance the industries in India and also to

harmonize the relationship between employees and employers.

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3.2 Concept of Industrial Employment Act, 1946 :

An enactment was passed by central government. This is know as industrial

employment (standing orders) Act. It is passed to require employees in industrial

establishments to define precisely the conditions of employment and to make them

known to the workmen employed by them.

The object of the act is to have uniform standing orders and it is not intended that

there should be different conditions of series for those who are employed before and

those employed after the standing orders came into force.

Standing orders are framed for all Industrial Establishments employing 100 or more

employees.

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Chapter-4

DISCIPLINARY ACTION IN

INSTRUMENTATION LIMITED

Disciplinary action plays a vital role in maintaining general discipline in the

organisation under the provisions of Industrial dispute Act 1947 and provisions made

there at under. Industrial Relation is a system that begins with the discipline needed

and ends vital an employee is under cloud. Disciplinary action moves around

(i) Standing orders

(ii) Discipline and appeal rules

(iii) Conduct rules

Disciplinary Action Domestic Enquiry

Standing Orders Issue of charge sheet Order of Enquiry

Discipline and Appeal Rules Appointment of EO/PO

General Conduct Rules Enquiry Proceedings

Findings of Enquiry Officer

Punishment/ Award appeal

4.1 Concept of Standing Orders:

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4.2 Concept of Discipline and Appeal Rules :

These rules are meant for supervisions and officers. These rules shall apply to all

employees of company but shall not apply to all employees categories:

(i) Those in casual employment or paid from contingencies.

(ii) Those who are workmen as defined in the Industrial Dispute Act, 1947

(iii) Those in respect of whom the Board may have issued or may issue separate

rules regarding discipline and appeal.

4.3 Concept of Conduct Rules :

These rules shall apply to all persons employed by the company provided that

nothing in these rules shall apply to any Govt. Servant who may be an foreign

service with the company and may be governed by other specific rules prescribed by

govt.

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Chapter-5

DOMESTIC ENQUIRY

5.1 Introduction:

The law of the land envisages that before an employee is punished for misconduct,

he should be given adequate opportunity to defend himself. Domestic enquiries are

conducted to provide such opportunity to the accused employee. It is now a settled

point that although domestic tribunals are quasi- judicial, they do not have all the

trappings of a court of law. Their function is to enquire into the charges against the

accused employee and give its findings. The domestic tribunals however have to

follow the principles of natural justice and have to see that the accused workman

gets every reasonable opportunity to defend himself.

After the receipt of complain against any employee, to the management the fact

findings orders are given as a matter of preliminary enquiry. On the receipt of report

of preliminary enquiry, the case is further examined by the management to ascertain

that any crime of prima-face case against the employee exists or not.

In case of serious misconduct, he may be suspended, pending with enquiry. Such

employees are served upon with suspension order. In other cases a formal charge-

sheet is given to the accused person giving therein 72 hrs to explain the reasons of

misconduct.

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5.2 Procedure in Domestic Enquiry

Issue a charge sheet /explanation.

Order of Enquiry

Date, Time & Place to be communicated

Charges to be famed

Accused employee can defend himself or with the help of co-worker

Prosecution, Presentation & Cross examination by the Accused person

Presenting Officer cross examines the accused person

Presenting officer tries to prove charges-final argument

Findings of Enquiry officer- submission to discipline officers

Issue of award / punishment

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Figure 5-1 Procedure in Domestic Enquiry

Appeal

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5.3 CHARGE-SHEET:

I A charge-sheet, normally briefly states the incident, its date and place of happening and then proceeds with specific charges such as “The management charges you with act subversive of discipline etc.

II The very first thing a presenting officer has to do is to study very carefully the charge-sheet and in particular the charges of which the defendant is accused, as he shall have to prove these charges during the course of enquiry. For this, he should know the full facts of the incident in detail.

III Normally, cases of indiscipline would be of these types:

a. Cases which may have to be proved entirely by leading the evidences of eye

witnesses of an act of indiscipline.

In this category would come the cases of fraud, tampering with record etc where by

means of documentary and partly by eye witnessess. For instance take a case of an

employee who made alteration in the time marked in the muster-roll with an eye on

overtime. When it was pointed out to him by the Supervisor/ Officer, he used rough

language and behaved in a manner not conducive to discipline. The first charges viz.

tampering of records will have to be proved by documentary evidence whereas the

b. Charge of rude behaviour can be proved only by recording the evidence of eye

witness.

IV. A part from marshalling the facts and the evidence, the presenting officer

may also come across points which may involve question of law. For

instance, where an employee is charge-sheeted of fraud, the presenting

officer shall have to know what constitutes a fraud and its ingredients as he

will have to prove them.

On receipt of explanation from the employee the same is further is examined by the

competent authority. In case it is found that accused person’s explanation is

reasonable and he has accepted the charges leveled against him or he has refused

to accept the charges, as the case may be, further action is taken for holding the

enquiry into the matter.

The following actions are taken hereafter :-

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I. In case of acceptance of charges the employee may be adjournment or may

be given minor punishment without holding enquiry.

II. In case of refusal, to accept the charges further enquiry is ordered by

appointing the enquiry officer and presenting officer.

Minor punishment Further enquiry without holding is conducted

Enquiry

Figure 5-2 Procedure after issue of charge-sheet

5.4 Order of Enquiry:

After the receipt of complain against any employee, to the management the fact

findings orders are given as a matter of preliminary enquiry. On the receipt of report

of preliminary enquiry, the case is further examined by the management to ascertain

that any crime of prima-face case against the employee exists or not.

5.5 Enquiry Proceedings :

Issue of charge-sheet

Explanation from the employee

Examined by competent authority

Acceptance of Charges Refusal to acceptcharges

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The date, time and place of enquiry should be communicated to the accused and the Management’s representative (Presenting Officer) by written notice. Reasonable notice should be given. Four clear days notice can be considered to be reasonable. However, any request foe adjournment should be considered and reasonable time and accommodation should be given. Unnecessary requests for adjournments or insufficient ground can be refused. Wherever adjournment is granted or refused, it should be noted in the enquiry book with the reasons therefore and signatures of both the parties should be obtained on it. In case adjournment is granted on a request by a letter(and not in person), the adjourned date should be communicated to the parties by a letter.Stated briefly, normally the following procedure is followed in a domestic enquiry:

i. The place, date and time of the enquiry is fixed by the enquiry officer who

informs the parties of the same.

ii. Since the natural justice demands that the accused employee should

adequate opportunity to defend himself, the presenting officer opens the case

first and states in brief the case against the accused, produces evidence

both, documentary and oral so that the accused employee knows the

evidence and other document on which the prosecution’s case rests, before

he defends himself. The presenting officer has to examine witnesses,

produce documentary evidence etc.

iii. After the prosecution has finished its case, the accused employee may

produce his own witnesses and documentary evidence to defend himself.

The presenting officer has a right to cross-examine such witnesses as are

produced by the defendant.

iv. After the recording of evidences of both the sides are over, the presenting

officer argues its case based on the evidence adduced and tries to prove the

charges one by one and step by step. After the presenting officer has

completed his arguments the defendant gets an opportunity to reply to it in

which, very naturally, he would refuse all the charges. If, in his arguments the

defendant raises any new point, the presenting officer having opened his

case first gets another opportunity to reply this new points.

v. Findings of the enquiry officer:

The role of a presenting officer, thus assumes great importance as in his

hands lies the case of the management. It is , he who has to prove beyond

doubt before enquiry officer the charges of which the employee is accused.

Although much would depend upon the manager in which a presenting officer

conducts his case, adduces evidences, puts forward arguments.

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1. WITNESS AND EVIDENCE:

The presenting officer has to skillfully examine his witnesses one by one to prove the various charges step by step. For this, he would first examine the witnesses by putting question to them which is called examination-in-chief, after the presenting officer has finished the examination-in-chief, the defense has a right to cross-examine the witnesses produced by the presenting officer. The presenting officer has a further right to again examine a witness if during the cross-examination and new point is brought out.

It is a typical case in which the circumstantial evidence alone would determine the claim for compensation.

2. ARGUMENTS:

After the recording of evidences of both the sides are over, the presenting officer has to open his arguments. After prosecution’s argument, the defense argues its case and if some new points are brought by the defense in the course of its argument, the prosecution gets another opportunity to reply to those points and conclude the case.

Arguments are like building a house Brick by Brick. The presenting officer has to step by step prove in the argument each charge. It would facilitate him to take one charge first and deal with it fully supporting his argument with the evidence adduced showing how by his evidence he has to proved it and how the contention of defense is untenable. Circumstantial evidence, if any, could be made good use of to support the argument. After concluding his arguments, the presenting officer must listen attentively to the arguments, of the defendant and should take note of any point which he thinks, he has not dealt within his arguments and should deal with them adequately in his reply to the defendant’s argument.

5.6 Findings Of Enquiry officer :

On receipt of the findings of Enquiry Officer the same is submitted to the competent authority for deciding the further course of action dependant upon the findings and provisions of rules (conduct rules or standing orders or discipline & appeal rules) as the case may be.

5.7 Issue of Award & Punishment :

1. As Per Standing Orders :

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The following are the penalties which can be imposed on an employee found guilty of misconduct :

a. Warning

b. Censure

c. Fine (subject to provisions of the payment of Wages Act).

d. Stoppage of increments, without or with future effect including stoppage of efficiency bar.

e. Suspension without pay upto 4 days.

f. Demotion to junior post of lower grade.

g. Discharge & Dismissal.

2. As Per Discipline And Appeal Rules :

The following penalties may, for good and sufficient reasons as hereinafter

provided, be imposed on an employee for misconduct, viz :-

(i) Minor Penalties

(a) Censure;

(b) Withholding of increments of pay with or without cumulative effect.

(c) Withholding of Promotion

(d) Recovery from pay or such other amount as may be due to him, of

the whole or part of any pecuniary loss caused to the Company by

negligence or breach of orders.

(e) reduction to a lower stage in the time-scale of pay for a period not

exceeding 3 years without cumulative effect and not adversely

affecting his terminal benefits.

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(ii) Major Penalties

(f) reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the employee to the time scale of pay, grade, post from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post from which the employee was reduced and his seniority and pay on such restoration to that grade or post;

(g) Compulsory retirement;

(h) removal from service which shall not be a disqualification for future employment under the Govt or the Corporation / Company owned or controlled by the Govt;

(i) dismissal from service which shall ordinarily be a disqualification for future employment under the Govt or the Corporation/Company owned or controlled by the Govt.

5.8 Appeal :

(i) An appeal shall be preferred within one month from the date of communication of the order appealed against.

Provided that the Appellate Authority may entertain the appeal after the expiry of the said period if it is satisfied that the Appellant has sufficient cause for not preferring the appeal in time.

(ii) The appeal shall be addressed to the Appellate Authority and submitted to the Authority whose order is appealed against. .

(iii) Where an appeal is withheld, by the Disciplinary Authority, the Appellant shall be informed of the fact and the reasons therefore, within 15 days of the receipt of the appeal.

(iv) Submission of an appeal to an authority other than Appellate Authority or forwarding of advance copies to any authority shall be deemed to be misconduct.

(v) Every order passed by the Appellate Authority, after consideration of the appeal under these rules, shall be final and binding.

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Chapter-6

SWOT ANALYSIS OF THE COMPANY

The detail scanning of companies profile showing the various strength, weakness,

opportunities and threats are known as SWOT analysis.

SWOT analysis is the principle input into the strategic development process. It is a

matter of synthesizing all the information and integrating internal and external

assessments for making decision.

Strength WeaknessOpportunities Threats

Strengths :

Healthy Industrial Relation helps the company to achieve their goals.

Reflects management interest in overall discipline.

Provide natural justice to the employees of the company

The company aims at maintaining general discipline

Weakness :

No time for finalizing the findings.

Disturbance in employer and employee relations.

Lack of general co-operation of employees.

Opportunities :

Training and education can decrease the level of misconduct.

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Helps in maintaining the general discipline.

Changing process for early disposal of the enquiries.

Threats :

Actual findings take lot of time, thus employees level of productivity falls.

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Chapter-7

FINDINGS/OBSERVATIONS

While studying Industrial Relation in Instrumentation Limited. I came across

some facts and finding. Some of them are listed below :

Industrial Relation System is followed in the organization with the objective:

to improve Industrial peace.

to create awareness of law and order situation.

to provide natural justice to all.

to issue the awards/punishment

To Improve Industrial Peace :

Industrial Dispute Act is the foundation for the improvement of Industrial Peace.

It's object is the proper adjustment of relations between labour class and

capitalist class. White at the same time law and order is also maintained and

there must also be the increase in the industrial production, thus it maintains

industrial harmony.

Awareness of law and order situation :

Law and order situation is a critical component of the system. This gives timely

feedback to management. Situation mid-term review of laws enable the

organization to provide justice to the employees. It gives the individual an

opportunity to improve his behaviour or character and to took at the areas of

improvement.

Effective law and order system forces on results on the behaviour that facilitate

the achievement of desired results.

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Natural justice to all :

Industrial Relation is a whole work system that begans with the discipline needed

and ends when an employee, who is under cloud is awarded punishment subject

to following the principles of natural justice.

Awards / Punishment

Domestic Enquiries give justice and protects the right of penalize the miscrients

and raise the level of industrial peace in the organization, Thus it keeps the

employee's moral high and help the organization to administer better what a

employee is and how he could be more proficient.

It has been found that organization and the individual benefit when there is a

balance in the law and order situation. It is unlikely that organizations will do

away with the Industrial Relation system however it is important to realize that

people perceive real justice when the system gives them adequate opportunity to

improve.

Instrumentation Limited understands this aspect and clearly follows this and take

a holistic and balanced approach.

In addition to this, the general findings are :

Enquiry officer and presenting findings are not guided properly.

Co-operation of employees is not proper towards achieving the goal of

industrial peace.

Time management is the great problem for deciding or finalizing the cases.

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Chapter-8

CONCLUSION

8.1 Limitations:

Any project assignment, even if is done with best of intentions and input may be contained through certain assumptions and resource limitation.The following are the aspects, which need to be considered with analyzing the

suggestions of the project :-

1. CO-OPERATION: General co-operation of the employee is to be

achieved in the organization is one of the major limitations of the project.

2. DISCIPLINE: Discipline on the part of employee’s and enquiry on the part

of management, require a great sense of moral and discipline.

3. ADVISORY: The findings of the Enquiry Officer are just advisory and not

orders.

4. DELAY: “Justice Delay is justice denied”. There is delay in deciding the

cases.

5. TIME CONSTRAINT: The most glaring of any constraints is the short time

from within which a certain objective has to be achieved. There is no time

frame for finalizing of findings.

6. LAW OF EVIDENCE: There is a major limitation of imposing law of

evidence in domestic enquiry.

7. GENERAL: Relationship between the employer and employee gets

disturbed and there is a great deal of interference of Trade Unions.

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8. CONTRADICTION: In the expressions and wrong data feedback and

decisions on the part of employee’s and management can also be stated

as limitation at this project

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8.2 Recommendations:

"Recommendations to remove limitations of Industrial Relations with

special reference to Domestic Enquiry in Instrumentation Limited"

The organization must not get trapped into the various pitfalls that come along

with the administration of imposing penalties. Domestic enquiries in most of the

companies have now under gone drastic changes with changing profile. But the

questions that arises here is how to avoid these pitfalls? A necessary condition

for the effective Industrial Relation systems in any organization is the need to

clarify and communicate to all concerned the objectives that the system intends

to achieve.

Everyone in the organisation especially the key decision makers should be fully

aware of precisely what objectives the system of Industrial Relation is expected

to achieve and the priorities with in these objectives.

We must also not forget that the culture of the organization clearly affects the

whole issue of maintaining Industrial relations. The only possible way for

organisation's to minimize the possible misconduct, is to emphasize on climate

sitting that will facilitate achieving the objectives that an industrial relation system

tends to achieve. Thus what needs to be done is to encourage managerial styles

that will lead to openness and frankness in relationship as a condition for

establishing an effective Industrial environment. The Indian companies need to

realize that the relationship between employer and employee is to two way

process implying that they can successfully use their system to being about

cultural change.

The issues that need to be looked into are those issues which may overshadow

all the other purpose of domestic enquiry, there may be a tendency of

employees to withhold negative approach. Employees may adopt their behaviour

to focus only on maintaining discipline, peace, law & order, so as to maintain the

level of their moral high.

So the question arises what to do?

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The organisation must realize that healthy Industrial Relation system is likely to

be effective not only when un-natural and hard awards are given but employees

may be allowed to think of their duties and responsibilities towards the

organisation with high sense of integrity and loyalty.

Thus before establishing company policies on the matter it may be good idea to

read about alternative methods for charge-sheet or suspension like withholding

of increments, promotion, recovery from pay.

Sometimes a combination of various systems work much better and has fewer

nasty side effects than a single way of imposing awards.

It is essential that the management have adequate opportunity to observe and

watch the acts of miscrients.

It suggests the justice to be given fairly to all, which may provide critical

feedback on the employees conduct.

In addition to this, the general recommendations are-

There is a great need to re-establish the Human resource system in

Instrumentation Limited.

Re-development of employees to improve their productivity by giving proper

training.

Desire for training should be arouse among employees so that they believe

that the resulting modification in the behaviour is in their own interest.

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BIBLIOGRAPHY

Books

1. Mamoria C.B. : Personnel Management

Publisher : Himalaya Publishing House

2. Chaturvedi S.M. : Labour and Industrial Law

3. Kothari C.R. : Research Methodology Methods and techniques.

Magazines

Literature Provided by the company

Websites

www.google.com www.industrialrelation.com

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ACKNOWLEDGEMENT

It is indeed a great pleasure and privilege to work with various competent and incomparable personnel’s of Instrumentation Limited. I feel pleasure for paying completely hearty gratitude to them. It is extremely difficult, if not impossible to thank individually the numerous fellow persons who patronized this project report.

My sincere apologies are who helped in a variety of way and whose names could not be individually acknowledged. I firmly believe that there is always scope for improvement and accordingly I shall look forward tp received suggestion.

I am highly gratified to for their unflinching hold in getting my summer training in IL.

I wish to express my deep sense of gratitudes towards B.L.Sharma, Dy Manager(P&A) for his guidance and support. It was because of his direction, that I could plan and complete this report.

I would like to extend my sincere thanks to my project guide Dr. Gurudatt Kakkar, whose enduring suggestions and encouragement gave the way for successful completion of this work. He deserves a lot of thanks for providing me some time out of his busy schedule. His valuable tips on the information collected by me played a very significant role in the completion of this report.

I would also like to acknowledge the invisible but indispensable contribution of my parents and family members for successful completion of this work, without whose co-operation this task would have remained un achieved.

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PREFACE

Human begins are a resource to an organisation. Like any other material on

economic resources they represent an investment whose development and

utilisation require managing. There is a fundamental truth in the cliche that,

"people are an organisation most important assets."

Human Resources need to be understood in their prospective and utilised

effectively to achieve the goals of an organisation. This require that human

resources must be managed and management implies that the work should be

effectively completed with and through other people.

The management of human resources is a very complicated and challenging

task for those who are entrusted with the successful running of an organisation

and this implies considerable knowledge of various aspects of "Personnel

Management" including that of industrial law, psychology, sociology,

administration etc.

The discipline of personnel management has gained importance since

professionalisation of management is now regarded as a 'must' for the

successful running of a business or industrial enterprises. Executives have the

moral obligation to the organisation they manage and the "human resources"

they employ, which they can fulfill only when they have a background of

theortical and conceptual knowledge of the subject. This pre supposses that they

should not have a through grounding in the various aspects of 'handling human

resources' through proper education and training but should also keep

themselves abreast of the changes and trends that take place in their discipline.

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EXECUTIVE SUMMARY

Instrumentation Limited better known as IL, is a Govt. of India Enterprises, which

was set up in 1964 with the prime objective of attaining self-reliance in the field

of control and automation for the process industries.

Instrumentation Limited has it's plants at Kota and Palghat (Kerala) with over 25

years of experience and a dedicated workforce. IL has mastered all complexities

of control system requirements and has lead their customers through their

projects, from system designs detail engineering and manufacturing installations,

final commissioning to after sales service and customers training. It has now

diversified itself in the field of Telecommunication power electronics and Railway

signaling systems.

Products-

Telecom circuits, electronic transmitter, Gas analyser, Railway signaling system,

Digital Control system, Uninterruptible power supply system. Control valves,

safety relief valves etc.

Customers-

Gujrat electricity Board, Mangalam Cements, Haryana States electricity Board,

Central Railways, National Thermal Power Corporation, Indian Iron and steel Co.

Ltd.

The year 2003-04 was the forth year after sanction of reveal plan of the

company. The company has been successfully in a higher turnover of Rs.

15,324 lakhs.

Overall it was a warn year for IL. It laid solid foundation and set out path for the

future growth and success. The company succeeded in keeping its extravagant

expenditures in control.

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Research is a systematic design, collection, analysis and reporting of data and

finding relevant to a specific situation facing the company. My project as

undertaken in secondary basis the information for the same was collected from

the following sources :

Internet, Books, office literature, journals, public record etc.

However, the project is qualitative in nature.

Disciplinary action plays a vital role in maintain general discipline in the

organisation under the provisions of Industrial Dispute Act 1947. Industrial

Relation is a system that begans with discipline needed and ends which an

employee is under a cloud. Disciplinary action moves around :

Standing orders

Discipline and Appeal Rules

Conduct Rules

Domestic enquiry is the second phase to give justice. Before an employee is

punished for misconduct he should be given adequate opportunity to defend

himself. Domestic enquiry are conducted to provide such opportunity to the

accused employee. It is now a settled point that although domestic tribunals are

quasi-judicial, they do not have all the trappings of a court of law. Their function

is to enquire into the charges against the accused employee and give its

findings.

While studying Industrial Relation in Instrumentation Limited. I came across

some facts and finding. Some of them are listed below :

Industrial Relation System is followed in the organization with the objective:

to improve Industrial peace.

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to create awareness of law and order situation.

to provide natural justice to all.

to issue the awards/punishment

Some of the recommendations to remove limitations of Industrial Relations with

special reference to Domestic Enquiry in Instrumentation Limited are :

There is a great need to re-establish the Human resource system in IL.

Re-development of employees to improve their productivity by giving proper

training.

Desire for training should be arouse among employees so that they believe that

the resulting modification in the behaviour is in their own interest.

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Contents Certificate I-III Declaration IV Acknowledgement V Preface VI Executive Summary VII-IXChapter-1 Organisation Profile 1-12

About Instrumentation Limited

Collaborators of IL

Products of IL

Services of IL

Suppliers of IL

Important milestones achieved by the company

Companies organization structure

Financial Highlights of IL

Chapter-2 Research Methodology 13-15

Objectives of Research

Scope of Research

Problem Statement

Research process

Chapter-3 Introduction to the subject 16-47

Concepts of Industrial Disput Act

Concept of Standing orders

Disciplinary action in IL

Domestic enquiries in IL

Chapter-4 Results and Discussions 48-51

SWOT analysis of the company

Observation / Findings

Limitations

Chapter-5 52-53

Recommendations / Suggestions

BIBLIOGRAPHY

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