PowerPoint Presentation

DOMESTIC ENQUIRY&Employees' State Insurance Act, 1948CONCEPT

Domestic enquiry is similar to a trial in a court of law, but while a trial in a court is for crimes done against society, domestic enquiry is conducted for offences committed against the establishment for misconduct, punishable under the standing orders/rules and regulations of the organization. The enquiry officer while examining the evidence and pronouncing on the guilt is not authorized to penalize the employee. It is only the employer or the appointing authority also known as notified disciplinary authority who can pronounce the penalty.Domestic enquiry is not considered as a legal requirement under the industrial disputes act, or other substantive laws such as the factories act, mines act, etc. But has been provided under the standing orders to be framed in the industrial employment (standing order act) 1946.

DEFINITION OF THE TERM-DOMESTIC ENQUIRY:

Based on the above description of domestic enquiry, we understand that the term domestic enquiry is mainly used to refer to an enquiry into the charges of indiscipline and misconduct by an employee. Domestic enquiry means departmental enquiry or domestic tribunal. In such enquiries, the matter is decided by administrative officers and not by courts of law. In cases of alleged indiscipline, it is common for disciplinary authorities in a department or in an industry to appoint an officer or officers to inquire into the allegations against an employee. These enquiries are commonly known as domestic enquiries.

PRINCIPLES OF DOMESTIC ENQUIRY

Rule of natural justice must be observed.The delinquent is entitled to a just hearing.He can call for his own evidence.Cross-examine any witness called by the prosecution.Where rules are laid down, the procedure of such rules must be followed.Disclose to the employee concerned, the documents of records and offer him an opportunity to deal with it.Do not examine any witness in the absence of the employee.The enquiry officer is at liberty to disallow any evidence after recording the reasons in writing.

PROCESS OF DOMESTIC ENQUIRY

1. Charge sheetIt is important that the charge sheet contains the following details:- Name of the person charged- Employee number- Address- Date, time & place of occurrence- Narration of the misconduct alleged- Relevant clause and specific act of misconduct under theStanding orders/ settlement.- Calling for an explanation within a stipulated time- If the charge rests on a written report, a copy of that report to beEnclosed.

2. EnquiryEnquiry means:(A) hearing of the case(B) recording evidence(C) admitting documents(D) general completion of the records upon which a finding would beBased4 . functions of enquiry officer5 . enquiry findings

Employees' State Insurance Act, 1948Theemployees' state insurance act, 1948 (ESI act)provides for health care and cash benefit payments in the case of sickness, maternity and employment injury. The act applies to all non-seasonal factories run with power and employing 10 or more persons and to those factories which run without power and employing 20 or more persons. The appropriate government may after notification in the official gazette, extend the provision of the act to any other establishment or class of establishments, industrial, commercial, agriculture or otherwise.Under the act, cash benefits are administered by the central government through the employees state insurance corporation (esic), whereas the state governments and union territory administrations are administering medical care.

Theemployees' state insurance corporation (ESIC)is the premier social security organization in the country. It is the highest policy making and decision taking authority under the ESI act and oversees the functioning of theESI schemeunder the act. The corporation comprises members representing central and state governments, employers, employees, parliament and the medical profession. Union minister of labour functions as the chairman of the corporation. Astanding committeeconstituted from among the members of the corporation acts as the executive body for the administration of the scheme.The basic provisions of the Act are :-Every factory or establishment to which this Act applies shall beregisteredwithin such time and in such manner as may be specified in the regulations made in this behalf.It provided for an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, death due to employmentinjury resulting in loss of wages or earning capacity.

BENEFITS TO IPs UNDER ESIC SCHEMESMedical BenefitSickness Benefit (SB)Maternity Benefit (MB)Disablement BenefitDependent's Benefit(DB)Funeral Expenses