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State of Uttar Pradesh - Section

Section 23 in U.P. Distillery Industry (Employment of Workmen and Conditions of Service) Standing Orders, 1986

23. Punishment of Misconduct.

- If a workmen is found guilty, after proper enquiry, by the Management, of the alleged misconduct, then he can either be dismissed, or suspended for a period not exceeding seven days, or his one annual increment can be stopped. The order of suspension or dismissal or stoppage of annual increment shall be in writing and shall contain the reasons for such action. Before awarding the punishment of suspension or dismissal or stoppage of annual increment the workman shall be issued a charge-sheet and shall be given an opportunity to explain the misconduct alleged against him. The action of suspension or dismissal or stoppage of annual increment shall be taken by the management after holding proper enquiry in which the workman concerned shall be given full opportunity to defend himself and the concerned workman shall be entitled to be represented by an office bearer of a union or by a co-worker, if the concerned workman is not a member of the union. In case he is a member of a union then he can be represented only by such office bearer who is an employee of the establishment.