For the purposes of the proviso to sub-section (1) of section 58, the following acts and omissions shall be treated as misconduct on the part of the employees,— wilful insubordination to, or disobedience, whether alone or in combination with orders, any lawful and reasonable order of a superior;
theft, fraud or dishonesty in connection with the employer's business or property;
wilful damage to or loss of employer's goods or property:
taking or giving bribes or any illegal gratification in connection with the employer's business;
habitual absence without leave or absence without leave fur more than 10 days;
habitual late attendance;
habitual breach of any law applicable to the establishment; (h) riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline; (i) habitual negligence or neglect of work;
(j) striking work or inciting others to strike work in contravention of the provisions of any law or rule having the force of law.
'114A. Appellate Authority and limitation for appeal.— (1) The Divisional Assistant Commissioner of Labour shall be the Appellate Authority for the purposes of sub-section (2) of Section 58.
(2) The employee discharged, dismissed or retrenched may prefer an appeal to the Appellate Authority within a period of one year from the date of the communication of the order of discharge, dismissal or retrenchment, as the case may be:
Provided that the appeal may be entertained even after the expiry of the said period of one year if the employee satisfies the Appellate Authority that he has sufficient reason for not preferring an appeal within the said period.
1. Inserted by Notification No. 2167-728-84-XVI-A dated 11.04.1984.
On receiving the appeal, the Appellate Authority shall give a notice in Form K-1 to the non-appellant (employer) and in Form K- 2 to the appellant (employee) concerned by registered post acknowledgment due.
After perusing the record and after giving an opportunity to the parties of being heard, the Appellate Authority shall decide the appeal. Reasons if brief for the decision shall be recorded in the appellate order.
The appellate authority shall supply a copy of order passed by it in the appeal to the non-appellant (employer) as well as tp the appellant (employee) concerned free of cost.]