Every offence is misconduct but it is not necessary that every misconduct is an offense

Offence has no degree but crime has degrees.

Offence is against the state, where as misconduct is against the dictate of the management/
organization. Eg – teacher is walks away with a pencil/pen is a theft ,and theft is against the state hence
it is a misconduct and offence coz both against

1. The law of the state

2. Against the institution.

The punishment of offence for employee is

1. Going to jail
2. Loosing all the benefits {pension,etc)

Indiscipline and misconduct

The government cars do not have insurance.

The method of dispute resolution

1. Court system
2. Arbitration (Alternate dispute resolution system)
3. Mediation(“)
4. Conciliation(“)

Some believe that there is no difference between mediation and conciliation.

 Arbitration
1. All the parties mutually decide who should
be put as judge for the proceeding.
2. You can choose a place for the winning of
your of the litigation. You can have it
anywhere.
3. It is only for civil and commercial matters,
coz the case is between private parties.
4. In arbitration you cannot choose your time
and date
5. The parties has the choice to follow which
law they wan to follow. Say American
council in Kolkata to follow American law.
6. An arbitrator would ask for a
compensation of damages. He canot ask
for a fine.
DISADVANTAGES
a) Very costly affair
Indians prefer to go for arbitration only by rich people who do not feel convenirent to go to the court of
law.
To tem a doctor as negligent , a criminal or an arbitration can be called for, instead of going to court
because the judge would not know the medical aspect of the case. But if after an arbitration, if
Fee
Electricity/ college
fi
Fine
A payment that u make as a measure of penalty
It is paid to the authority.
compensation
It is the basis for damages.eg- in a motor vehicle
accident> compensation is given > but what if he
has 5 dependents on him. They are used in civil
world. Hence he will not ask for fine
Litigation/ case in court
1. You do not choose your choice of judge.
2. You do not have the liberty to choose the
place of the litigation. The proceeding has
to take place where the parties are
situated, or the place of the land under
dispute
3. Criminal cases is always against the state,
hence arbitration cannot take place over
here.
4. You will not have the power to choose the
date and time of the proceedings.
5. The law has to ne followed
6. They are less costly
Tax
Income tax , direct tax
Tax can be asked by government. It is a demand of
a sovereign devoid of a quid pro cho(something for
something)
Compensation
It is payment made to a person for the loss that
has sufferd.
Damages
Conciliation

Arbitration Consiliation
There is an adjudication 1. There is no adjudication of rights but the two
parties compromise with each other.
2. A conciliator tries to facitates you to reach a
compromise.

Doctrine of merger- when the orders of the inferior authority is challenged in the superior authority
then the orders passed by the inferior authority (say hgh court) would get merged with the order placed
by the superior authority(Supreme court). The hig court orders would becom a vaccum, and hence only
the higher order or supreme court order will only be considered.

Conciliator Conciliator
A proactive, can act as interventionist. A mediator only facilitates.
He intervenes and try to calm the parties down by
being a part of the dispute.

Contract labor Regulation and Abolition Act,1970