Statement (I): The act of misconduct on the basis of which punishment is given must be one enumerated in the standing orders
Statement(II):Punishment for an act which is mentioned in the standing orders is illegal
In the light of the above statements, choose the most appropriate answer from the options given below :
Understanding Statements on Standing Orders, Misconduct, and Punishment
This question requires us to evaluate two statements concerning the relationship between standing orders, acts of misconduct, and the imposition of punishment in an employment context.
Analysis of Statement I
Statement I: The act of misconduct on the basis of which punishment is given must be one enumerated in the standing orders.
This statement is fundamentally true. Here's why:
- Definition of Misconduct: Standing orders typically define what constitutes misconduct within an organization. They serve as a rulebook for employee behavior.
- Basis for Punishment: For disciplinary action (like punishment) to be considered fair and legal, the specific act committed by the employee must be clearly defined as misconduct within these established standing orders.
- Procedural Fairness: Employers must follow procedures laid out in the standing orders. Punishing an employee for an act not listed or implied in the standing orders could be challenged as unfair or unlawful.
Therefore, Statement I accurately reflects a key principle in employment law and industrial relations regarding disciplinary actions.
Analysis of Statement II
Statement II: Punishment for an act which is mentioned in the standing orders is illegal.
This statement is false. It contradicts the purpose and function of standing orders:
- Purpose of Standing Orders: As discussed above, standing orders enumerate acts of misconduct precisely so that employers *can* take appropriate disciplinary action, including punishment, when such acts occur.
- Legality of Punishment: When an employee commits an act clearly defined as misconduct in the standing orders, imposing a punishment that is proportionate and follows the established procedure is not illegal; it is the intended and legal consequence.
- Contradiction: This statement essentially claims that following the rules (punishing defined misconduct) is illegal, which is illogical.
Thus, Statement II is incorrect.
Conclusion
Based on the analysis:
- Statement I is true, as punishment must be based on misconduct defined in standing orders.
- Statement II is false, as punishment for acts mentioned in standing orders is legal and standard practice.
The most appropriate answer is that Statement I is true and Statement II is false.
Important Questions from Job Description & Job Specification - Teaching
- Given below are two statements:
Statement (I): Industrial Dispute means any dispute which is connected with the employment or non-employment or the terms of employment
Statement (II): An individual dispute between an employer and one of his workmen is by itself an Industrial Dispute
In the light of the above statements, choose the most appropriate answer from the options given below: - The functions and the role of __________ comprise prevention and settlement of industrial disputes in industries (in central sphere) as per the Industrial Disputes Act, 1947
- Match List I with List II
List-1
OffencesList -II
Penalties(a) An employer who lays off or retrenches workmen without prior permission from the statutory authorities (I) Imprisonment up to 1 year or fine up to Rs. 5,000 or both in case of continuing of fence, a further fine of up to Rs. 2000 per day (b) Non-compliance of an order to re-open a closed undertaking (ii) Imprisonment up to 1 month or fine up to Rs. 1000 or both (c) Any person committing unfair labour practice (iii) Imprisonment up to 1 month or fine up to Rs. 50 or both (d) Any workman participating in or acting in furtherance of an Illegal strike (iv) Imprisonment up to 6 months or fine up to Rs. 1000 or both
Choose the correct answer from the options given below: - Given below are two statements :
Statement (I): Every Industrial Establishment employing 15 workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances
Statement(II): The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen
In the light of the above statements, choose the most appropriate answer from the options given below : - Given below are two statements :
Statement (I): Only a 'retrenched' workman can claim benefit under section 25-H
Statement(II): A dismissed, discharged or a superannuated workman can claim for preferential re-employment
In the light of the above statements, choose the most appropriate answer from the options given below :
