Discipline – Vital for Industrial Harmony

Discipline – Vital for Industrial Harmony 

Practice And Procedure on conducting Departmental domestic and Other Enquirers

I. Discipline

a) Whether statutorily defined

Discipline is not defined under any labour law. Therefore the meaning of discipline as per dictionary is mental or moral training or a system of rules for conduct or behaviour according to established rules. Discipline, thus with reference to a nation, can be said to be conducting oneself according to the law of land and with reference to society, it means conforming to the norms of society as to what is right and wrong and with reference to an organization or establishment, it means obedience to it’s rules or authority.

The Apex Court in Madhya Pradesh State Electricity Board’s case (cited below) has described discipline as a form of civilly responsible behaviour which helps maintain social order and contributes to the preservation, if not advancement, of collective interests of society at large.

M.P. Electricity Board v. Jagdish Chandra Sharma,
2005 II LLN 67 : 2005 I CLR 1074 : 2005 (3) SCC 401 (S.C.3J)

Thus in a work place setting, discipline means systematic and orderly conduct of employees in compliance of rules of an organization that regulate their behaviour.

b) Why discipline necessary – Rationale

It is no body’s guess that progress is possible only during peace and peace reigns only in an environment of discipline and discipline at work place is essential for efficient working of an organization. While a conduct like disorderly behaviour on the part of the workmen disturbs industrial peace and harmony, indisciplined behaviour like habitual absenteeism or willful insubordination or resorting to agitation like go-slow is considered to be the insidious way of damaging production and growth of an industry and need to be corrected immediately.

The second rationale for maintaining discipline in industry is the growing competition in the market in which the fittest will only survive. In view of globalization of economy and liberalization of licensing policy which opened up Indian industry and commerce to competition from multinationals as well as among the domestic business, the only way to survive competition is to ensure sustained productivity. Hence, discipline at work place has assumed more significance in recent times and this mood is well reflected in the judgment of the Apex Court in the case of of Madhya Pradesh Electricity Board v. Jagadish Chandra Sharma, 2005 which states that the idea of discipline is more relevant in considering the working of an organization or an industrial undertaking and obedience to authority is not slavery or violation of natural rights. It is essential for the prosperity of the organization as well as that of its employees.

The Courts reiterating the importance of discipline for smooth running of an organization, have denied reinstatement of workmen in the following cases who were guilty of either gross indiscipline like willful insubordination or disorderly behaviour or betrayed the trust reposed in them by the employer.

• Madura Coats Ltd. Tuticorin v. P.O. Labour Court, Tirunelveli & Ors.,
• M/s. Graphite India Ltd. v. State of West Bengal & Ors., 
• Engineering Laghu Udyog Employee’s Union v. Judge, Labour Court & Industrial Tribunal, 

c) Employees’ Conduct – How to regulate and control

The employer-employee relationship embodies in it certain inherent rights and obligations on the part of the employer and employee respectively. The employee is required to discharge his obligations under the contract of service diligently and contribute to achieving goals of the organisation to the best of his skill, knowledge and ability while the employer reserves his right to discipline him including the right to terminate him, if his conduct is not satisfactory. However this right of the employer is regulated by the principles of natural justice like giving hearing to the employee before passing any penalty against him which will be dealt with elaborately in the forthcoming chapters.

To regulate and guide the conduct of the employees so as to be conducive to smooth functioning at work place, it is essential for the employee to know what he should do or should not do while in employment. Therefore it is necessary for an employer to put him on notice as to what conduct on the part of the employee is not desirable at the work place. Mere drawing up a list of acts of omissions and commissions will not merely restrain an employee from committing them. There should be an element of deterrence that needs to be combined with them. The deterrence will be supplied by providing for penal liabilities in the form of punishments either for showing undesirable conduct or for not showing desirable conduct.

The employer can implement the following regulatory measures:

1. Communicate the goals of the organization to all employees.
2. Emphasize on the cooperation of the employees as partners inprogress in achieving the goals.
3. Design a grievance handling procedure.
4. Enumerate Acts of misconduct and penalties therefore and put the employees on notice of them.