THE MADHYA PRADESH INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1963 (Published by Labour Department Notification No. 9556-9727-XVI, dated the 26th December, 1962, vide M.P. Gazette; dated 1st February 1963, (Part IV-G), page 56] And as amended subsequently by the following notifications :- S.No. Notification No.
Published in MP Rajpatra Dated Pt. Dated Page I. 369-8835-XV1 22.1.1965 4(ga) 28.05.65 520 2, 968-9050-XVI 27.02.1971 4(ga) 26.03.71 138 5782-9676-XVI 19.10.1973 4(ga) 02.11.73 770 1004-1034-XVI 14.02.1975 4(ga) 21.02.75 74 5167-3541-XVI 07.08.1981 4(ga) 21.08.81 270 757-273 -XVI-A 02.03.1987 4(ga) 27.03.87 . '45 932-83-XVI-A 10.3.1987 4(ga) 27.3.87 51 4(E)10-91-XVI-A 10.01.1992 EXT. 23.01.92 71 NOTE : In the footnotes appearing hereinafter, reference to amending Notifications is made by Serial No. as given to them above.
1. Short title.— These rules may be called the Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963.
2. Definitions.— In these rules the context otherwise requires,— (I) "Act" means the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (No. 26 of 1961);
"Atmexure" means an amtexure appended to these rules;
"Form" means a form appended to these rules; and "Section" means a section of the Act.
RELEVANT NOTES lndore DevelopmentAuthorlty Vs. indorse Development Authority Daily Wages Sub.
Engineers Union, 2000(2) Li 190. Chhaya Bhopatkar Vs. State ofMadhya Pradesh, 2001
(4) MPHT 238. Engineer-in-chief PHED Vs. Budha Rao Magaale, 2001 (2)314 399, State of M.P. Vs. Nor/ram, 2008 (3) ILI 41.
3. Procedure for submission of amendment. (1) An application for submission of amendment under sub-section (1) of section 7 shall be in Form A.
(2) The particulars of the employees for the purpose of subsection (2) of section 7 shall, in addition to those mentioned in Form A, be as follows:
number of employees employed;
number of employees employed through contractors);.
name of the trade union or trade unions, if any, to which the employees belong; and • if the application is by a trade union, the latest figure of its membership.
(3) A group of employees or representatives of employees in the same industry desirous of submitting a joint draft of amendments referred to in sub-section (3) of section 7 shall apply in Form A through a person authorised in this behalf by such group or representatives, as the case may be, and shall in addition to the particulars mentioned in sub-section (2), ftunish the following particulars along with the draft:
list of employees or representatives of employees, as the case may be, constituting the group with names and addresses in MI of each undertaking; and by a declaration .signed jointly by employers or the representatives of the employees in the group to the effect that the undertaking constituting it or that the employees of the undertaking, as the case may be, shall abide by the conditions laid down in the joint draft of amendment.
Certification of amendments.— As soon as may be, on receipt of an application under rule 3, the Certifying Officer, shall forward a copy thereof to (a) the employers when the applicant is the representative of employees, or (h) the representatives of employees when the applic:a:ht is the employer of the undertaking together with a notice in Form B. • Methods of sending Standing"Orders.— Standing orders certified in pursuance of sub-section (3) of section. 8 shall be sent by registered post to the employer and the representative of the employees, as the case May be.
Register of Standing Orders:— The register required to be maintained under section 12 shall be in Fonn.0 and shall be properly bound. The Certifying Officer shall furnish A copy of standing orders to any fierson applying therefor on payment of a fee of rupees five per copy.
'16-A. Additional matter included in the Schedule.— In the Schedule to the Act after item XIV; the following itenishall be added namely:
"XV-Age of Retirement,.
Framing Of Standing Orders.— '[Subject to the provisions of section 6 of the Act, the Standard-Standing Orders for all undertakings to which the Act applies shall be those set out in the Annexure].
FORM A [Sec rule 3] • Application for amendment of Standing Orders Dated the day of - 19 ..
To The Certifying Officer, (Place).
Sir, I hereby apply for the amendment of the standing orders applicable in the • following undertakings) - Address to which reply has min sent
(a) The reference of the standing orders to which amendment is sought- Inserted by 3 [2-11-1973].
Substituted by No. 2 [26-3-71].
(b) Number of standing order to which amendment is sought (Not applicable when the application is on behalf of employees) lam entitled to make this application being an employer of the undertaking concerned.
OR I an entitled to make this application on. behalf of the group of employe& representative of employees side note of authority attached.
Please fill the blank As an Officer or a representative/approved/registered trade union of the employees concerned I am entitled to make this application under rule 3, [Strike off what is not applicable.]
Five copies of the draft amendment typewritten on one side of the paper only indicating amendments are enclosed. The justification for the proposed amendments is mentioned against each.
The particulars required by sub-rules (2) and (3) of rule 3 are enclosed.
aRgnature Station Designation Name of the undertaking in case of an employer and name of the trade union in the case of employees.
FORM B [See rule 4] In the matter acertification of amendments to the standing orders for (name and address of the undertaking) To The Employer (Name and address) • OR The prescribed representatives of employees (state. whether representative union, approved union, registered trade union, Labour Officer) A copy of the draft amendments to the standing orders of submitted by is enclosed. Please take notice that objections, if any, which you.may desire to make to the draft amendments should be submitted to the undersigned within fifteen days from the receipt of the copy of draft amendments along with this notice by. you. • . .
A copy of the standing orders to which amendments are proposed is also enclosed.
.P.afie Date Cernlying Officer Madhya Pradesh.
1. Strike off that portion which is not applicable.
FORM C [See rule 6] REGISTER Part I- Undertaking S. Date of the despatch of Date of Date and No, the copy of standing orders filing appeal nature of authenticated under section if any decision 8 for the first time
(1)
(2) (3)
(4) Amendment date of the despatch any notice sub- Result made on of the copy of sequently given on appeal, standing orders as or received of if any settled on appeal any amendment.
(5)
(6)
(7) (8) Part (Should contain the authenticated copy of the standing orders) ANNEXURE Standard Standing Orders for all the Undertakings in the State
1. Definitions,- In these rules, unless the context otherwise requires,— "Manager" means, if the undertaking is a &dory, a person nominated as manager under the Factories Act, 1948, or a person whom an undertaking shall nominate as Manager for the purpose of these standing orders and includes a person authorised by hint.
"Season" Means the period or periods of each year during which the principal operations of a seasonal undertaking is carried on.
2. Classification of Employees.- Employees shall be classified as—(i) permanent, (ii) permanent seasonal, (iii) probationers, (iv) Badlies, (v) apprentices,
(vi) temporary, [and (vii) fixed term employment's employee :]
(i) A 'permanent' employee is one who has completed six months' satisfitctory service in a clear vacancy in one or more posts whether as a probationer or otherwise, or a person whose name has been entered in the muster roll and who is given a ticket of permanent employee;
1. Amended by Notfn. No, F-4 (E) 2-2004-A0M, Dated 17-3-2005, Published in M.P.
RaJpatra (Asaditaran) Dated 17-3-2005 at Page 172.
'[(ii) A `pennanent seasonal employee' is an who has completed service for a period equal to 2/3 of the duration or a season or three months whichever is less in a clear vacancy and shall be deemed to be a permanent employee for the purposes of these orders);
A 'probationer' means an employee who is provisionallY employed to fill a clear vacancy, and who has not completed six months' satisfactory service in the aggregate;
A `buil? employee means an employee who is employed on the post of a pehnanent employee, or a probationer or a permanent seasonal employee who is temporarily absent;
An `apprentice' means a learner; provided that no employee shall be classified as an apprentice if he has had training for an aggregate period of one year; provided further that a longer period of apprenticeship shall be required if prescribed by a law or an award, or by agreement with the representative of employees;
`temporary employee' means an employee who has been employed for work which is essentially of a temporary character, or who is temporarily employed as an additional employee in connection with the temporary increase in the work of a permanent nature; provided that in case such employee is required to work continuously for more than six months he shall be deemed to be a permanent employee, within the meaning of clause (i) above. . • 1"(vii) "fixed term employment's employee" means an employee who has been engaged on the basis of contract of employment for a fixed period.
However, his working hours, wages, allowances and other benefits shall not be less than that of a permanent employee. He shall also be eligible for all statutory benefits available to a permanent employee proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.']
3. Ticket etc..— (11 The manager shall cause to be entered the name of all employees in the muster roll indicating the classification.
(2) The manager shall arrange to provide every employee except those belonging to the clerical, supervisory or technical personnel with a ticket bearing,—
(1) the name of the department in which he is Working;
date of entry of his service;
his number, and • the record of daily attendance];
such other particulars as the manager may think fit.
Substituted by No. 1(28-5-1965].
Added by Notfn. No. F-4 (E) 2-2004-A-XV1, Dated 17-3-2005.
2. Inserted by No. 2 [26-3-71J.
I • If so required by the manager the employee shall deliver Willis ticket before starting work for the day provided that ticket shall be returned to the employee before the close of the shift. If so required by a poison authorised by the manager the employee Shall show it or produce it for entries' being. rnade therein.
. For technical, supervisory personnel and clerks a service book May' beprovided instead of.a ticket.
'[(3) (i) Every badli employee shall be provided with a 'badli card'; on which shall be entered, the days on which he has worked in the undertaking and which shall be surrendered if he obtains permanent employment. •
(ii) Every temporary employee shall be provided with a 'temporary card' on which shall be entered the days on which he has worked in the undertaking and which he shall surrender on his discharge or being taken on the badli or permanent register. i Every casual worker shall be provided with a 'Casual Card' on which shall be entered the days on which he his worked in the undertaking..
Every apprentice shall be provided with in `Appreritic Card' on which shall be entered the days on which he has worked in the undertaking and which shall be surrendered if he obtains permanent employment. -
(v) The cards referred to in this sub-clause shall also bear the information *specified in sub-clause (2) above.]
4: Recruitment.— The manager may after consulting the Employment Exchange lay down the procedure for recruitment of employees and notify it on the notice board on, which standing orders are exhibited. .• • • • . 214-A. Letter of appointment.— Every employee shall be given a letter of appointment, in which among other things, his name, age, qualification, designation, classification:pay-scale, allowance, nature of job, name of department etc., shall be. indicated.]
S. Manner of intimating to employees periods and hours Of work, holidays, pay days and. wage rates.— (a) Notices showing the periods and hours of work for every class and &mop of employees, for each shift in the undertaking shall be displayed on notice hoard maintained for the purpose in the department concerned, at the time keeper's office and at or near the main entrance of the undertaking.
(b) Notices specifying the 'dates on which wages are to be paid, shall be displayed on the notice board., at the tithe-kegier's Office and at or near the main entrance of the undertaking.. ' • I . •
(c)Notices specifying the wage rates showing separately the allowances, if any, payable to each -class of time-rated employees and the basis of calculation of wage rates.in respect of piece- rated employees shall be displayed at conspicuous - places inside the departments in which the employees concerned are actually working.. 1
(d) One day in each week shall be notified in the manner provided in clause
(a) as the day for the payment of wages due to any employee but not paid on the usual pay day on account of their being unclaimed. • Ins. by No. 2[26-3-711].
Ins. by No. 7127.3.1987]
(e) The unclaimed vvages due to an employee shall hy paid by the manager on the days notified under this standing order and following the date on, which a substantiated claim is presented by the employee. or on his behalf by 'Us legal representative.within three years from the date on which the wages become due to the employee.
(0 In the ease of bidi manufacturing undertaking the manager shall also display notice of the hours when leaves and tobacco shall be distributed and manufactured bidis shall be received by him, and the manager shall maintain a record showing for each worker the quantity of leaves and tobacco given to him, the bidis of different kinds manufactured and delivered to the manager by him and the number of bidis rejected as of bad quality
6. Shift Working, (a) Shift working shall be regulated in accordance with the Factories Act, 1948 (No. 68 of 1948), wherever applicable and subject as aforesaid in accordance with any agreements, settlements or awards.
Subject as aforesaid more than one shift may be worked in the whole undertaking or in one or more sections or departments.
Whenever an additional shift started or whenever working bouts of the shift are changed, notice of seven days shall be given.
Whenever a shift is discontinued notice of one month shall be give;
provided that wherever any permanent employee is likely to be discharged, notice of three months. shall be given before discontinuing' that shift - (e) Change over of any employee or employees front one shift or another shall be regulated by agreement, settlement or award and in Theirabsence by custom or usage. The manager may, in the discretion, transfer -an employee from one shift to another if such 'transfer is in the interest of the undertaking. • • (0 Retrenchment of employees as a result of discontinuance of a shift or shifts shall be regulated in accordance with the provisions of the Industrial Disputes Act, 1947, provided that in case of retrenchment of permanent employee notice of duee months as provided in standing orders 6 (d) shall be given before retrenchment.
(g) If an undertaking proposes to employ additional employees whether on restarting a shift or otherwise the manager shall give the shift first opportunity of employment to retrenched employees. If an additional shift is started not less than one week's notice shall be put up on the notice board and shall be published in a Hindi newspaper with wide local circulation.
7. Attendance and late coming.— (a) All employees shall be at work in the undertaking at the times fixed and notified. EnmloyeeS attending late may be shut out and treated as absent provided that no employee who attends within 5 minutes of the starting time shall be shut out. Employee coming late shall not be treated as absent without leave but may be given whatever leave may be due to them.
(b) An enmloyee who is found absent from his proper place of-work during working hours, without permission or without any sufficient reason, shall be liable to be treated as absent for the period of his absence, and his weges for the period of absence shall be-liable to be deducted subject to the provisions of section 9 of the Payment of Wages Act.
F
8. Condition and procedure in applying for, and authority which may grant leave and holidays.— (a) Holidays and lean with or without pay or leave of any other kind shall be regulated by the provisions .of the law applicable to the undertaking and subject to the minimum prescribed under it by custom, usage, agreement, settlement or award.
An employee who desires to obtain leavh of absence shall apply to the manager or the officer authorised by him. It shall be the duty of the manager or the officer to pass orders thereon on two days in a week fixed for the purpose, provided that, if the leave asked for is of an urgent nature; i.C. conunences on the date of the application or within three days thereof, orders for the grant or refusal of leave shall be communicated without delay.
I The grant of leave or in case it is refused such refusal with reasons therefor shall be recorded on the employee's ticket or service book.
If an employee after proceeding on leave desires an extension of the leave .
granted, he shall make an application in writing forIthe same to the manager or the officer authorised by him. A written reply either of the grant or refusal of such extension shall be sent to the employee at the adrift:84 given by him in the application for extension.
An employee remaining absent beyond he period of leave originally granted or subsequently extended shall be liable to lose his lien on. his post and shall be deemed to have left the service from the date of his unauthorised absence unless he returns within ten days of the expiry of the eonctioned leave and/or explains to the satisfaction of the manager or the officer authorised by him, his inability to resume immediately on the expiry of his leave. An employee who so looses his lien but reports for duty within 30 days of the expiry of his leave shall be kept as a badli ' if he so desires and his name shall be entered in the badli register.
'18-A. 'Holidays.— The employees shall be entitled to three days national holidays, namely. Republic Day, Independence Da3,, and Gandhi Jayanti and five days festival holiday with .full wages every year. The festival holidays shall be determined by the employer in consultation with the representatives of employees and a notice indicating the days fixed shall be pasted on the Notice Board:
Provided that only those employees who will actually work either on the preceding day, or as the case may be, on the succeeding day of such holiday shall be entitled to avail of such holiday:
2[Provided further that nothing in this order shall adversely affect the operation of the term of any contract, agreement, settlement or award which is more beneficial to employees on this subject] 318-B., (1) If an employee is required to work on any National holiday or .
festival holiday with wages on account of continuous process, essential services or Under prevailing practices, then he shall be paid for the work done on each National Ins. by No. 4 [21.2.75].
Second proviso inserted by No 4 Subs. by No. 5 [21 8.1981]. .
Ins„,by No; S [21.8.1981].
holiday or *festival holiday with.wages, wages for holiday, wages for work done and additional wages. for One day. • . . &• .
(2) In respect of employes:a. getting Wages 9n the basis of Calaidar. inonth, if the National -holiday or festival. holiday in substituted in accordance With the provisions of Section 52 of the Facuiries Act, 1948 (No..63 of 1948) or'such a paidholiday, occurs on a-weekly rest day of the employee then such tit employeeshall :
be paid additional 'wages tor such a holiday at his ordinary rates of Wages.. • • , • ff;R: Casualleave.— Subjectto the provisions of the ter& Of any. contract,.
agreement, settlement Or award; which are more beneficial to the emPloyeei on the subjectr
(1) .. the permanent employees Shall be allowedseven days casual leave With . wages in a-calendar year, and ' ". • ' • (2) • the temporary ad badli 'employees, .Who have put in 240 .days work in the previous year shall be allowelseVe:n days casual leaveWith wages.
. in. a calendar . . • Explancirion: The computation of 240 days shall be made In accordance:
with Section. 79 of the Factories Act, 1948: ' •
(3) Orchbarily casual leavellwi notheadmissible thr more than two.daye at
(4). • Exaelt When it May notbe Possible to obtain previous PenniSsion;c.asnalt .
leave shall•be avail* with th.e permission of the. Manager. Where it not possible tcrob reyious Permission; the employee shall intimate . • , in absence and its period at his wheat to the Manager] ' ' (9. Ileauirement teenier preinises by certain gates ad Iiithility•to.lsearchr
(a) No.ti.nployee shall inter Orleriye the prethises of the undertaking and, the.
chakytinent except hylthe gates appointed for the purpose; . • • • - ; (b) All the employee. including-female employees shall Surrender articles or things in their 'possession, for examination by the watch and Ward stator* undertaking or any other perscin appointed for the purpOsaand shall also be liable • to be detained and searchaby the watch and' ward staff or the'person Se appointed • for the purpose in the presence of two witnesses provided that the fentaleempthiee shall be Searched bY female searcher, and in presence of-female-whimsies. :
10. Closures, temporary stoppages and land, etc.— (a). In the eVentof the • brealc.down.ofmachinery;:stopPage of power sgpply, fire; epidemic, civil tiornrnotion, catastrophe,- Or any other cause beyond the co•ol of the employer, he May, at any • time, without notice, stopWh011y or partiallylorri.leastmable period the whole Of part oftheunderthlcing, any department or any Tad* directiyor indirectly affeeted - by the catastrophe or the cause.- • ..; . •
(b) In any: event of stoppage. under clause:(a). during' working koala -the . employees affected shall, as soon as practicable, be informed byputting up notice, on the notice board in the, departnient concerned and at the dale-keeper% office as .
to when work will be resuined and whether they the to stay or leave the 'premises of the undertaking. The peried of detention in the undertaking shall not ordinarily • exceed two 'hours after the :conatencernent of stoppage!: and the -employees -so - detained shall be entitled to receive wages (including all allowances), in the proportion of a quarter day. for every two houis or less. Provided that the wages that he receives plus the detention wage shall not exceed his normal day's wages. In the case of, piece-rate employees; the average daily earnings in the previous wage period Shall be taken to be the daily:wage. . • • . • • .
Whenever practicable-a reasonable notice shall be given Of the resumption of the normal whit • • Employees may be laid off by the undertaking on account of shortage of coal, power or water; or raw Materials or materials of accumulation of stocks,' temporaxy'? curtailment of production or similar reasons by exhibiting aá fai. as possible, one Week's notice for the infiumation of the employees concerned.
The ernployer May close down'iny department or •seetion of a department or the whole undertaking after giving two month's miticy to the employees and in case Of seasonal employees 15 day's notice. Beforereopening the department, section or the undertaking, as the case maybe, at least seven days' notice shall be given, to the employees.. a' . • • • • . . .
On the re-opening of the department, section of arlePartrnent or the wholeof the undertaking, as the case may be, the Manager shall give reasonable notice to..
the retrenched employees 'who offer themselves for re-employment and those retrenched employees who offer -themselves for re-employment within a fortnight shill be 'given preference over other persons accOrdIng to the length of service. . • 11(g) Copies of the notice under this Standing Ordershail be immediately sent to the 99VCM1310111 l'Ilbour Officer of the. area concerned by the employer].
. . li; Termination of employment and the notice thereof to he given by employer and employee.— (a) When the emPloyment of a permanent eMploYee le to he terminated, he- shall be glen one month's notice or shall be paid wages for one month in lieu of notice. No employee other than A penninent empfoyee.shall be entitled to any such notice or wages in lieu -thereof:for termination of his service.
. • (b) The reason for the tenninatien of service shaltl be recorded in writing and shall be conuitunicateci to the employee 'unless midi coraniunicationMay in the opinion of the managendirecily or indirectly lay the company or the manager or the person silt* the communication, open to ciyil or criminal proceedings at the instance of the employee... . •
(e) Any permanent employee desirous..of leaving the employment shall give.
one month's notice to his departmental officer 'stating the reason for which he leaving but if he so requires, he may be relieved earlier than the date on- whichthe period ornonce expires. ' ' • ._ .1 . (d) Nó notice shall.be necessary-for the diseontinuance of the 'employment of a permanent Seasonal employee prithe.espiry'of the cPacnn, but he, shall hive a lien on hi t post at the conunincement of the next season.
2[1:(6) subject to the provisions of the Industrial bic:iutes Act, 1047 (14 of .1947), no temporary. employee, whether monthly rated - or :Weekly rated or piece.
1: • Added by No. 1[28-5-65J.
• . . •
2. Added by Notfn..No. F-4.(E) 2-2004-A-XVI; Dated 17-3-2005.
rated, and no probationer or bacth or fixed term employmeqes employee, as a result . .
of non-renewal of contract of emplOyment or on its expiry;.shill be entitled to any notice Of pay in lieu thereolf his Services are terminated, but the Services of a temporary employee shall not be terminated as a punishment unless he has been given an Opportunity of explaining the charges of misconduct alleged against him.1 • ... . .•RELEVANT.NOTES Mahesh Pal Sing Vs.SeRarintendhigEngineer toiverChambal Click, 2061 (4) M171-1T
214. ' • ". .• • . :
12 Disciplinary action for misconduct-. (1) The following acts or omissions on the part of an employee shall amount to a major misconduct: • .
(a) :conviction by -a court of law for an offence involving niorai turpitude,.
(b).. theft, fraud or dishonesty in' Cornice:rim' -With the business or property of the undertaking; • • • • *. . . .
. .
taking or giving bribe or any illegal gratification; • . • • wilfia disobedienee of any lawful or res§bnable order of a superior - involving safeti of any person or property or other Matter having an advekse effect upon the work or Wages of other. employees;. • gambling within the premiies.of the undertaking... • .
(f).• drunkenness; riot us or disorderly behaviour, during working'hours at the undertaking-or conduct endangering the life or 'Safety of any person, intimidation, physical duress; or any act subversive of disdipline; •
(g) collections of any moneys within the -premises Of the undertaking for . Purpose§ and by persons-not-authorised by law or if no sueb authority is required by taw Without the sanction of the manager; • .(h) engaging in trade, or business within the premises .of the undertaking including collection of pay-tickets given to 'the employees or the sale or canvassing of tickets, coupons or other tokens of any. commodity pr article, without the previous' safiction .cf the Tatiage:r. • •
(i) " canvassing for trade union membership and collection. of union's dues . • within the preinises except as permissible under law;
(I) bolding meetings inside the premises Of the iniderthking without the . previous permission of the manager or except as: permitted by law;
(k) conunencing,. going Or joining thestrike in contravention .of the provisions .of any law for the time being in force,. . • . .
(1). inciting, instigating others to take part Or otherivise acting in.furtherance • .. of a strike in contravention .of the 'provision* of any law for the time.
being in force;
(m) Wilful slowing dosynin performance of work, or abatement or instigation thereof; • • .
(n). wilful damage to work in process or to any other property .of the undertaking; • . .
(o) disclosing to any unauthorised person any information in regard to the processes of the undertaking which may come into his possession in the course of his, work;
(p). unauthorised absence from day for mote than reri consecutive day;
'[(p.-1) Obtaining financial asSistance \from the 13mployees. State bisurance Corporation on the basis of tax on farged.cloownenti.1 • • 1.
(q) iminor misconduct ef whicha workman is found habitually guilty, e., for. not less than three occasions within a space Of Onlyear.tir less;
(2) Any of the. 'following acts or omissions shall amount to a minor misconduct;
(a) •• late attendance; , . .
absence from duty without leave or without. sufficient ,c;thise. which is ' • not major misconduct;
• refusal -to work on a job Of a similar nature without giving adequate reaions for the same; • .
W.'. sleeping during .Working lthui;
(e) _ failure to observe safety instructions, or unauthorised removal in reference to machinery; gilard, fencing or other safety; device.installed.
• in the premises Of the establishnient; • a); any act or OmisSion for whieh,deductions from the wages of an ettiployed :parson are authorised by Or under:the PaYinent of,Wagis Act; • .
(g) : entering or. leaving the Prennies of•the undertaking except by the gate Or gates appointed for the purpose; • , • • , .• • .(h) • cominitting a nuisance in the premises of -the undertaking, Ikreach tiffiuty standings order Or instructions JO/ the Maintenance and • ninnineof any department-and maintaining itieleanliness..
*(.3) (a) The punishment for a minor misconduct rnayibe (i) censure, or (ii)
(b) • The punishment for a mecca misconduct may be-'
(i) 'censure, or fine, or • • suspension for a period not exceeding fourdaya on any one occasion, .• • or ••• withholding of inclement fora period of 011X0 year; or dernotion; or
(4),dismissal.
(c) In awarding the punishment .the nianager ihalltake, into account the.
-gravitY of the inisconduet," the previous record atheernployee, if any, and other extenuating or aggravating circumstances: .
(4) NO punishment Abell be imposed on an employee unleat prOVeci guilty of misconduct in an enquiry conducted in the following manner: • • .
(a) The manage olother.officer authorised bY him in this behalf shall give to the employee a charge sheet clearly setting forth the mis-conduct dined and the:circumstances appearing against him and requiring his explanation; • • • I. Ins, by NO. 7427.3:1987]
(h) the .emphiyee shall be given for submitting his :explanation I period of.
at least 24 hours ifheis.chirged with a initior misconduct aid at least 72 • hours if he is charged with major misconduct; • t • • • An employee shall be allowed to defend by himself. 'or the representatiVe of employees, if he to desircs;. • • Except in cases .where he. eats the. charge levellerl,against him•the;
empleyee shell be permitted to prothwewitness: in his defence and cross- . • eaamine any-witness rin whosetvidence the 'charge rests;
-• The substanee of the evidence Shall, be recorded and read over; . .
. • (f) An ordei.of punishment ahall be.in writintand shell be issued Sr the signature Of* =eager or Other officer authorised *under standing order . (I) (a). A copy of the order passed awarding the punishment shall. be.
• given to the employee; .
(g) In case of an employee other than the, one belonging to the technical or supervisory staff the manager rAin suspend. him pending enquiry into an alleged major miicondttet Pr a. Period not acceding • • (h):- the Manager may suspend a clerical, technical or supervisory employee , for a period Of-three. montha pendin,g enquiry intorriajcir misconduct alleged against him and Shall pay suspension allowarice to such emploYee . _ . .
at the late of halt Oldie average wage; • • The order of suspension shall be in writing anirmay take effect . . immediately on. caununication thereof to 'the employee. If no action is laken.widiin a period of six months then the imams of wages for the period of suspension shell be payable in full, .: • • ,
(5) If on enquiry, the order is. confirmed or the •period of suspension reduced the 'employee shall be deemed to be absent. from dirt' for the 'period of suspension and shill not be entitled to .arty wage for sitelt•period. If, howe'ver,. the. order is rescinded :the employee shall be deemed to be on :duty dieing the 'full .pericd.of suspension. and shag be entitled to the same wages as he would have receiyed if he' had not been suspended; ' . . ••. • .
• .
Provided that lithe enquiry is. not completed within. four days from the date.
of submission of explanatione the employee shall be entitled to thu wages until the..
completion of the enquiry from the date of submisiton of his explanation. . • 1(6)..An eMployer shall not be conipttent to initiate proceedings against an einployee-7 • •. . • . . . . .
(a) for major misconduct after one year of its .commission,.anti ' . .(b), for a.minor misconduct after six .months of its .conunissiOn.]:
. 13. Means of redreis for emplOyee against unfair treatment or Wrongful exaction by the employer,. agent or servant.— (1) (a),An aggrievederapioyee may first present his grievance to his inunerliate superior itt person who thereon shall Rive a reply .Within 48 hours of thepreSentation of the complaint; •
1. Added by No. 7.(27.3.1987).
(b) If the e.mployee is not satisfied with the reply of his. inunediate superior he .
or the authorsisp.cl representative on his 'behalf may forward The coMplaint to the.
manager or an) officer appointed.by him for this purpose;
. . (c) The manager 6.r .such officer shall personally investigate the complaint at such time and place as he may fix and the complainant employee, or the. authorised representative shall have it right to Ire presentat sueh investigations:
. Provided that the decision of the Investigation Officer and the action, if any, taken by him Shall be communicated to the complainant ordinarily within a week of the presentation Of•the complaint.. .
(2) Grievances of employees relating to— assault or abuse by any person holding a supervisorniosition or .:
refusal of an.application.for urgent leave;
unfair labour prattices, such as,-(i) interference with the rights of employees to enroll or continue as an Union member; (ii) discrimination,.
restrainsir coercion against Any employee or restraint of recognised activities of trade union; And (iii) victimization of an employee. or abuse of authority in any form; • • shall be enquired into inunediately by the manager and he shall takeappropriate thiciplinary action against such officers'of the undettalcing who are found responsible for that The complainant will be supplied IA a Copy of the -order or action taken by the manager in this behalf: • • • - passed 14 An. ernployee against whom any order is ty the manager May if so . desires submit his representation to the•Managiag Agents 'or the Managing Director or the Proprietor or any person Who has the ultimate ennircil over The management.
of the undertaking Who shall communicate his decision to the, employee .within a period of 15 days. . • - .Retirement.— (1) An employee 'shall retire from the sgrvice of the employer on the date he attains the age of 58 years. He may, however, be retained in service by the.employer after the date of attaining the age of 58 years if his services are necessary in the interest of the undertaking but he shill not .be retained in service . .
after the age o160 years - :
Provided that 'nothing in this clause shall adversely affect the operation tif the.
terms Of any contract, agreement; settlement, or 'award on this lubject if the age of 'retirement is nolless than 5)1 years: ,
Provided further that before_ retiring an. employee from the service in . accordance with the provisions contained in this clause, the employer shall give to:
the said emploYee at least one month's intimation in writing .of• such retirement. • However, failure to give such iodination will not entitle the employee to continue in service after.attaining the age of retirement. On the employer's failure. to. give..
such intimation; he. shall be table to pay to the employee concerned orie month's .
wages. , . . . • '• 2[(1-a) Notwithstanding anything contained. in sub7clause *(1) the age of retirement for working journalists as defined in Section 2(f) of .the Working ' .1. Subs. by No. 5 [21.8.1981].
2. Ins. by No. 8(23,1.19921 Journalists And other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (No. 45. of 1955). shall be 60 years.] ' • For the purpose of clause (1) the age shall.be reciconecl by any of the following methods in order of priority— (I) the date of birth as given by the employee at the time of l's employment S accepted by the Manager; . .
The date of birth as given in the Higher Second* School Certificate or : equivalent examination Certificate;
The Certificate issued' by the Local Authority of the place where the employee 'Was born, on the basis of the records maintained' by .suCh . authority or certified copy of the limy in the Birth and Death Register in which date of birth is mentioned; •
(iv) The date of birth as declare by the employee in his declaration card for purpose of 'membership of the Employees Provident Fund.
(3).Notwithstanding anything containedin the foregoing clause, if any dispute arises regarding the date of birth intimated at the tine 'of employment or.declared in .the declaration card' for the purpose of membership • of the Employees Provident Fund, as the case mayhe, then the date olbirth shall be determined on the basiiof Sehool •Leaving.Certificate and in its absence, the date of birth determined by a Registered Medical. Practitioner, not below the • rank 'of Ch;i1 Surgeon, shall be considered as final, but any such dispute shall not be entertained Within the period of six mcinths before the date Of retirement. , • "15 .:An employee who leaves iervide or retires or is discharged shall without ' 'avoidable delay but not later than thirty days after he leacs service Or retires or as, the case may be is discharged., shall be given bY the employer a service Certificate indicating such information and particulars as may be notified] *SERVICE CERTIFICATE, (Ste Rule 15) • ' 1: • • Name and address of the Institution ' • Name and address of the employee/worker • • • Nature of work/designation
4., Duration of employment from date to . .
• Wages rate Rupees. • per month • 'Reasons for discharge Retirement/Discharge/Resignation/ Other' . • Signature of employer
16. Liability of the Manager. The Manager of the undertaking or in case if there is no manager, the Managing Agents, the Managing irector dr the Proprietor.
or any person who has the ultimate control over the management of the undertaking shall be hold responsible .for the proper and faithful observance of these standing orders.
. . .
. .
17. (a) Notice to be exhibited or given rder these standin,g orders shall be lb a language understood by majority of empla ees: • • , •
(b) Any ,notice, order, chargersheet,. Communication or intimation which is meant for 'individual employee and is given in writintunder •thesp- standing order shalt-be in.a•language understbod by majority of employees. - . • •••
18. topies'ofthese standing orders shall be nosted in. the timekeeper's office and in 'all departments of the. undertaking and shall be kept in legible condition. . .
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