While government employees have certain benefits like pay commissions, service rules and other statutory frameworks, those in the private sector employees don't have the same advantages. For them, it all comes down to what their employer decides in terms of internal service rules and labour laws. The new labour code has standardised certain aspects for private sector workers, but a lot of it does not apply to managers.That said, it's important to note that the principles of natural justice are constitutionally mandated under Article 311(2) (which also covers central and state government employees) and under statutory service regulations, they apply to both government ad private sector employees. Moreover, natural justice principles apply broadly to judicial, quasi-judicial, and administrative actions that result in civil consequences, protecting individual rights against arbitrary, biased, or unfair decisions.Also read: Employees terminated for business reasons are entitled to compensation and re-skilling funds under New Labour CodeWhat labour law says about employees and managers if disciplinary action is taken against themDivya Bhalla, Counsel, DMD Advocates explains to ET Wealth Online: 1. For Private Sector (Workmen): For employees who qualify as "workmen" under Section 2(s) of the Industrial Disputes Act, 1947, the Supreme Court's principles are applicable, but through the mechanism of Section 11A of the Industrial Disputes Act and the Industrial Employment (Standing Orders) Act, 1946. The Labour Court or Industrial Tribunal exercises plenary power to examine whether the domestic inquiry was fair and proper, re-appreciate evidence, and substitute its own finding. Related judgement: In the case, Workmen of Firestone Tyre v. Management, (1973) 1 SCC 813: It makes it clear that all principles of a fair inquiry, which includes- evidence first, cross-examination, defence witnesses, and reasoned finding is mandatory and must be adhered to.2. For private sector (non-workmen - managers or officers): Employees above the "workman" category in the private sector have a more limited statutory framework, but are not without remedy. Principles of natural justice apply to domestic inquiries even in private employment. Such employees can challenge unfair inquiries before the Civil Court or, where a statutory element exists (as in scheduled banks or statutory corporations), before the High Court under Article 226. (Delhi Cloth and General Mills Co. Ltd. v. Ludh Budh Singh, (1972) 1 SCC 595).Also read: Govt employees are trying to influence transfers and postings, Gurgaon Deputy commissioner warns of disciplinary action against such employeesThree steps private sector employees and managers can take if they disagree with disciplinary committee action Here's a step-by-step guide from Bhalla on what action employees can take if they disagree with disciplinary committee action (for reference):Step 1: When you get the charge sheet from the disciplinary committee, do this:Check that each charge specifies the exact act, date, time, place, and persons involved; vague or omnibus charges are legally challengeable.Verify that the charge-sheet discloses the material and evidence relied upon for each charge; absence of this weakens the proceeding.Ensure adequate time is given to reply (ordinarily not less than 15 days under applicable rules); record any shorter period as a procedural defect.Check whether the Inquiry Officer is the same person who initiated, investigated, or reported the misconduct; if so, raise a written objection on grounds of bias.Check whether the Inquiry Officer is also the Appellate Authority; if so, you should object as it violates principles of natural justice.Verify whether all relied-upon documents are supplied or offered for inspection; if not, ask for them immediately, in writing.Step 2: Reply to the charge sheet Bhalla says that employees should deny each charge specifically if they don't agree with the charge sheet and then individually - state "I deny Charge No. ___ in its entirety" with your reasons. After that do this:Expressly demand a full oral inquiry in terms of the applicable service regulationReserve the right to cross-examine each and every witness whose statement or report is being relied upon. List names and addresses of your defence witnesses in the reply itself. Demand certified copies of all documents mentioned in the charge-sheet before the inquiry commences. If any charge is vague or non-specific, challenge it expressly in the reply, do not simply deny it.Identify and list defence witnesses, where possible, but clarify that the right to produce additional witnesses is reserved.Step 3: After the committee files charge sheet, oral inquiry is conductedBhalla says that if you are asked to present your defence before the disciplinary committee department, ask them to examine any witness and immediately submit a written objection on record. Then do this:For every document produced by the department, insist the author or custodian be examined and presented for cross-examination. Cross-examine each departmental witness thoroughly. Note all denials and contradictions on the inquiry record. You can also file written objections for:(a) Denial of cross-examination(b) Non-production of witnesses(c) Use of unproved documents(d) Non-supply of documentsYou can also file a written objection for every refusal, denial of cross-examination, refusal to examine witnesses, denial of document copies. If any witness is examined in your absence or without notice to you, raise a written objection immediately. After the department's evidence is complete, examine your defence witnesses. Ensure this is recorded in the inquiry proceedings. Exercise the right of personal hearing and make oral submissions before the Inquiry Officer at the close of evidence.Bhalla says that you need to take care of these aspects also:Never concede anything in writing: Even a carelessly worded reply that appears to partially accept a charge can be used against you. Record evidence of every violation as it happens: Written objections filed during the inquiry carry far greater legal weight than grievances raised only in appeal. Every refusal - to produce a witness, to allow cross-examination, to supply documents, must be placed on record in writing at the moment of refusal. The burden never shifts to you: In a departmental inquiry, unless you admit the charge, the burden of proof lies on the department throughout. The department must prove each charge; you are not required to prove your innocence. Disproportionality is a standalone ground : Even if the inquiry is otherwise fair and a charge is proved, dismissal is not automatic. Under Section 11A of the Industrial Disputes Act (for workmen), the court can reduce the punishment on the basis of proportionality.The remedies are meaningful : A successful challenge results in either reinstatement with full back wages (if no de novo inquiry is held) or reinstatement with suspension allowance during a fresh inquiry.