Industrial Employment (Standing Orders) Act, 1946
SCHEDULE I : Model Standing Orders in Respect of Industrial Establishments not being Industrial Establishments in Coal Mines
1.These orders shall come into force on
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Classification of workmen.
2. (a) Workmen shall be classified as,
(1) permanent,
(2) probationers,
(3) badlis,
(4) temporary,
(5) casual,
(6) apprentices
(b) A "permanent" workman is a workman who has been
engaged on a permanent basis and includes any person who has satisfactorily
completed a probationary period of three months in the same or another
occupation in the industrial establishment, including breaks due to sickness,
accident, leave, lock-out, strike (not being an illegal strike) or involuntary
closure of the establishment.
(c) A "probationer" is a workman who is provisionally
employed to fill a permanent vacancy in a post and has not completed three months’
service therein. If a permanent employee is employed as a probationer in a new
post he may, at any time during the probationary period of three months, be
reverted to his previous permanent post.
(d) A "badly" is a workman who is appointed in the post
of a permanent workman or probationer who is temporarily absent.
(e) A "temporary workman" is a workman who has been
engaged for work which is of an essentially temporary nature likely to be
finished within a limited period.
(f) A "casual" workman is a workman whose employment
is of a casual nature.
(g) An "apprentice" is a learner who is paid an
allowance during the period of his training.
3. Tickets
(1) Every workman shall be given a permanent ticket unless he is
a probationer, badly, temporary worker or apprentice.
(2) Every permanent workman shall be provided with a
departmental ticket showing his number, and shall on, being required to do so,
show it to any person authorized by the manager to inspect it.
(3) Every badly shall be provided with the badly card on which
shall be entered the days on which he has worked in the establishment, and
which shall be surrendered if he obtains permanent employment.
(4) Every temporary workman shall be provided with a ‘temporary’
ticket which he shall surrender on his discharge.
(5) Every casual worker shall be provided with a ‘casual’ card
on which shall be entered the days on which he has worked in the establishment.
(6) Every apprentice shall be provided with an ‘apprentice’
card, which shall be surrendered if he obtains permanent employment.
4. Publication of working time
The periods and hours of work for all classes of workers in each
shift shall be exhibited in English and in the principal languages of workmen employed
in the establishment on notice boards maintained at or near the main entrance
of the establishment and at time-keeper’s office, if any.
5. Publication of holidays and pay days
Notices specifying (a) the days observed by the establishment as
holidays, and (b) pay days shall be posted on the said notice-boards.
6. Publication of wage rates
Notices specifying the rates of wages payable to all classes of
workmen and for the classes of work shall be displayed on the said notice
boards.
7. Shift working
More than one shift may be worked in a department or departments
or any section of a department of the establishment at the discretion of the
employer. If more than one shift is worked, the workmen shall be liable to be
transferred from one shift to another. No shift working shall be discontinued
without two months’ notice being given in writing to the workmen prior to such
discontinuance, provided that no such notice shall be necessary if the closing
of the shift is under an agreement with the workmen affected. If as a result of
the discontinuance of the shift working, any workmen are to be retrenched, such
retrenchment shall be effected in accordance with the provisions of the
Industrial Disputes Act, 1947 (14 of 1947) and the rules made thereunder. If
shift working is restarted, the workmen shall be given notice and re-employed
in accordance with the provisions of the said Act and the said Rules.
7A. 9[Notice of changes in shift working
Any notice of discontinuance or of restarting of a shift working
required by Standing Order 7 shall be in 10[Form IVA] and shall be
served in the following manner, namely:-
The notice shall be displayed conspicuously by the employer on a
notice board at the main entrance to the establishment 11[***]:
PROVIDED that where any registered trade union of
workmen exists, a copy of the notice shall also be served by registered post on
the secretary of such union.]
8. Attendance and late coming
All workmen shall be at work at the establishment at the time
fixed and notified under paragraph 4. Workmen attending late will be liable to
the deductions provided for in Payment of Wages Act, 1936.
9. Leave
(1) Holidays with pay will be allowed as provided for in 12[Chapter
VIII of the Factories Act, 1948], and other holidays in accordance with law,
contract, custom and usage.
(2) A workman who desires to obtain leave of absence shall apply
to the 13[employer or any other officer of the industrial
establishment specified in this behalf by the employer], who shall issue orders
on the application within a week of its submission or two days prior to the
commencement of the leave applied for, whichever is earlier, provided that if
the leave applied for is to commence on the date of the application or within
three days thereof, the order shall be given on the same day. If the leave
asked for is granted, a leave pass shall be issued to the worker. If the leave
is refused or postponed, the fact of such refusal or postponement and the
reasons therefor shall be recorded in writing in a register to be maintained
for the purpose, and if the worker so desires, a copy of the entry in the
register shall be supplied to him. If the workman after proceeding on leave
desires an extension thereof, he shall apply to the 9[employer or
the officer specified in this behalf by the employer] who shall send a written
reply either granting or refusing extension of leave to the workman if his
address is available and if such reply is likely to reach him before the expiry
of the leave originally granted to him
(3) If, the workman remains absent beyond the period of leave
originally granted or subsequently extended, he shall lose is lien on his
appointment unless he (a) returns within 8 days of the expiry of the leave and
(b) explains to the satisfaction of the 13[employer or the officer
specified in this behalf by the employer] his inability to return before the
expiry of his leave. In case the workman loses his lien on his appointment, he
shall be entitled to be kept on the badly list.
10. Casual leave
A workman may be granted casual leave of absence with or without
pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall
not be for more than three days at a time except in case of sickness. Such
leave is intended to meet special circumstances which cannot be foreseen.
Ordinarily, the previous permission of the head of the department in the
establishment shall be obtained before such leave is taken, but when this is
not possible the head of the department shall, as soon as may be practicable,
be informed in writing of the absence from and of the probable duration of such
absence.
11. Payment of wages
(1) Any wages, due to the workmen but not paid on the usual pay
day on account of their being unclaimed, shall be paid by the employer on an
unclaimed wage pay day in each week, which shall be notified on the
notice-boards as aforesaid.
(2) All workmen will be paid wages on a working day before the
expiry of the seventh or the tenth day after the last day of the wage period in
respect of which the wages are payable, according as the total number of
workmen employed in the establishment does not or does exceed one thousand.
12. Stoppage of work
(1) The employer may, at any time, in the event of fire,
catastrophe, breakdown of machinery or stoppage of power supply, epidemics,
civil commotion or other cause beyond his control, stop any section or sections
of the establishment, wholly or partially for any period or periods without
notice.
(2) In the event of such stoppage during working hours, the
workmen affected shall be notified by notices put upon the notice board in the
department concerned, 14[and at the office of the employer and at
the time keeper’s office if any], as soon as practicable, when work will be
resumed and whether they are to remain or leave their place of work. The
workmen shall not ordinarily be required to remain for more than two hours
after the commencement of the stoppage. If the period of detention does not
exceed one hour the workmen so detained shall not be paid for the period of
detention. If the period of detention exceeds one hour, the workmen so detained
shall be entitled to receive wages for the whole of the time during which they
are detained as a result of the stoppage. In the case of piece-rate workers,
the average daily earning for the previous month shall be taken to be the daily
wage. No other compensation will be admissible in case of such stoppage.
Whenever practicable reasonable notice shall be given of resumption of normal
work.
(3) In case where workmen are laid off for short periods on
account of failure of plant or a temporary curtailment of production, the
period of unemployment shall be treated as compulsory leave either with or
without pay, as the case may be. When, however, workmen have to be laid off for
an indefinitely long period, their services may be terminated after giving them
due notice or pay in lieu thereof.
(4) The employer may in the event of a strike affecting either
wholly or partially any section or department of the establishment close down
either wholly or partially such section or department and any other section or
department affected by such closing down. The fact of such closure shall be
notified by notices put on the notice board in the section or department
concerned and in the time keeper’s office, if any, as soon as practicable. The
workmen concerned shall also be notified by a general notice, prior to
resumption of work, as to when work will be resumed.
13. Termination of employment
(1) For terminating employment of a permanent workman, notice in
writing shall be given either by the employer or the workman-one month’s notice
in the case of monthly rated workmen and two weeks’ notice in the case of other
workmen; one month’s or two week’s pay, as the case may be, may be paid in lieu
of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or
piece-rated and no probationer or badly shall be entitled to any notice or pay
in lieu thereof if his services are terminated, but the services of a temporary
workman shall not be terminated as a punishment unless he has been given an
opportunity of explaining the charges of misconduct alleged against him in the
manner prescribed in Paragraph 14.
(3) Where the employment of any workman is terminated, the wages
earned by him and other dues, if any, shall be paid before the expiry of the
second working day from the day on which his employment is terminated.
14. Disciplinary action for misconduct
(1) A workman may be fined up to two per cent of his wages in a
month for the following acts and omissions, namely:
1 ______________________
2_______________________
3 ______________________
4 ______________________
(2) A workman may be suspended for a period not exceeding four
days at a time, or dismissed without notice or any compensation in lieu of
notice, if he is found to be guilty of misconduct.
(3) The following acts and omissions shall be treated as
misconduct,-
(a) willful insubordination or disobedience, whether alone or in
combination with others, to any lawful and reasonable order of a superior,
(b) theft, fraud or dishonesty in connection with the employer’s
business or property,
(c) willful damage to or loss of employer’s goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for
more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behavior during working hours at the
establishment or any act subversive of discipline,
(i) habitual negligence or neglect of work,
(j) frequent repetition of any act or omission for which a fine
may be imposed to a maximum of 2 per cent of the wages in a month,
(k) striking work or inciting others to strike work in
contravention of the provisions of any law, or rule having the force of law.
15[(4) (a) Where a disciplinary proceeding against a workman
is contemplated or is pending or where criminal proceedings against him in
respect of any offence are under investigation or trial and the employer is
satisfied that it is necessary or desirable to place the workman under
suspension, he may, by order in writing suspend him with effect from such date
as may be specified in the order. A statement setting out in detail the reasons
for such suspension shall be supplied to the workman within a week from a date
of suspension.
16[(b) A workman who is placed under suspension shall be
paid subsistence allowance in accordance with the provisions of section 10A of the
Act.]
17[(ba) In the inquiry, the workman shall be entitled to
appear in person or to be represented by an office bearer of a trade union of
which he is a member.
(bb) The proceedings of the inquiry shall be recorded in Hindi
or in English or the language of the State where the industrial establishment
is located, whichever is preferred by the workman.
(bc) The proceedings of the inquiry shall be completed within a
period of three months:
PROVIDED that the period of three months may, for
reasons to be recorded in writing, be extended by such further period as may be
deemed necessary by the inquiry officer.]
(c) If on the conclusion of the inquiry or, as the case may be,
of the criminal proceedings, the workman has been found guilty of the charges
framed against him and it is considered, after giving the workman concerned a
reasonable opportunity of making representation on the penalty proposed, that
an order of dismissal or suspension or fine or stoppage of annual increment or
reduction in rank would meet the ends of justice, the employer shall pass an
order accordingly:
PROVIDED that when an order of dismissal is passed
under this clause, the workman shall be deemed to have been absent from duty
during the period of suspension and shall not be entitled to any remuneration
for such period, and the subsistence allowance already paid to him shall not be
recovered:
PROVIDED FURTHER that where the period between the date on
which the workman was suspended from duty pending the inquiry or investigation or
trial and the date on which an order of suspension was passed under this clause
exceeds four days, the workman shall be deemed to have been suspended only for
four days or for such shorter period as is specified in the said order of
suspension and for the remaining period he shall be entitled to the same wages
as he would have received if he had not been placed under suspension, after
deducting the subsistence allowance paid to him for such period:
PROVIDED ALSO that where an order imposing fine or stoppage
of annual increment or reduction in rank is passed under this clause, the
workman shall be deemed to have been on duty during the period of suspension
and shall be entitled to the same wages as he would have received if he had not
been placed under suspension, after deducting the subsistence allowance paid to
him for such period:
PROVIDED ALSO that in the case of a workman to whom the
provisions of clause (2) of article 311 of the Constitution apply, the
provisions of that article shall be complied with.
(d) If on the conclusion of the inquiry, or as the case may be,
of the criminal proceedings, the workman has been found to be not guilty of any
of the charges framed against him, he shall be deemed to have been on duty
during the period of suspension and shall be entitled to the same wages as he
would have received if he had not been placed under suspension after deducting
the subsistence allowance paid to him for such period.
(e) The payment of subsistence allowance under this standing
order shall be subject to the workman concerned not taking up any employment
during the period of suspension.]
18[(5)] In awarding punishment under this standing order,
the 13[authority imposing the punishment] shall take into account
any gravity of the misconduct, the previous record, if any, of the workman and
any other extenuating or aggravating circumstances, that may exist. A copy of
the order passed by the 13[authority imposing the punishment] shall
be supplied to the workman concerned.
17[(6) (a) A workman aggrieved by an order imposing
punishment, may within twenty-one days from the date of receipt of the order,
appeal to the appellate authority.
(b) The employer shall, for the purposes of clause (a), specify
the appellate authority.
(c) The appellate authority, after giving an opportunity to the
workman of being heard, shall pass such order as he thinks proper on the appeal
within fifteen days of its receipt and communicate the same to the workman in
writing.]
15. Complaints
All complaints arising out of employment including those
relating to unfair treatment or wrongful exaction on the part of the employer
or his agent, shall be submitted to the manager or other person specified in
this behalf with the right of appeal to the employer.
16. Certificate on termination of service
Every permanent workman shall be entitled to a service
certificate at the time of his dismissal, discharge or retirement from service.
17. Liability of 13[employer]
The 13[employer] of the establishment shall
personally be held responsible for the proper and faithful observance of the
standing orders.
17A. (1) Any person desiring to prefer an appeal in pursuance
of sub-section (1) of section 6 of the Act shall draw up a memorandum of appeal
setting out the ground of appeal and forward it in quintuplicate to the
appellate authority accompanied by a certified copy of the standing orders,
amendments, or modifications, as the case may be.
(2) The appellate authority shall after giving the appellant an
opportunity of being heard, confirm the standing orders, amendments or
modifications as certified by the certifying officer unless it considers that
there are reasons for giving the other parties to the proceedings a hearing
before a final decision is made in the appeal.
(3) Where the appellate authority does not confirm the standing
orders, amendments or modifications it shall fix a date for the hearing of the
appeal and direct notice thereof to be given-
(a) where the appeal is filed by the employer
or a workman, to trade unions of the workman of the industrial establishments,
and where there are no such trade unions to the representatives of workman
elected under clause (b) or rule 6, or as the case may be to the employer;
(b) where the appeal is filed by a trade union
to the employer and all other trade unions of the workmen of the industrial
establishment;
(c) where the appeal is filed by the
representatives of the workmen, to the employer and any other workman whom the
appellate authority joins as a party to the appeal.
(4) The appellant shall furnish each of the respondents with a
copy of the memorandum of appeal.
(5) The appellate authority may at any stage call for any
evidence it considers necessary for the disposal of the appeal,
(6) On the date fixed under sub-rule (3) for the hearing of the
appeal, the appellate authority shall take such evidence as it may have called
for or consider to be relevant.
18. Exhibition of standing orders
A copy of these orders in English and in Hindi
shall be posted at 19[* * *] on a notice board maintained at or near
the main entrance to the establishment and shall be kept in a legible
condition.
FORM
20[***]
