I want to terminate a worker in Rohtak for misconduct; what is the procedure for conducting a domestic enquiry?

Detailed Legal Analysis

A domestic enquiry must be conducted in accordance with the principles of natural justice, including issuance of a charge sheet specifying the allegations, giving the worker a reasonable opportunity to defend, conducting a fair enquiry by an impartial enquiry officer, and allowing the worker to be represented by a co-worker or trade union representative. The worker must be provided with the evidence relied upon, allowed to cross-examine witnesses, and given an opportunity to lead evidence.

The enquiry officer must submit a report with findings, and the employer must consider the report before passing the punishment order. The Punjab and Haryana High Court and Labour Court will examine whether the enquiry was fair, and if not, the termination may be set aside.

The Haryana Rent Control Act 1973 on industrial employment and standing orders prescribes the detailed procedure. Non-compliance with the enquiry procedure renders the termination void, and the worker is entitled to reinstatement with back wages.

The punishment must be proportionate to the misconduct, and the employer must apply its mind independently to the enquiry report.