Industrial Employment (Standing Orders) Act, 1946
SCHEDULE IA : Model Standing Orders for Industrial Establishments in Coal Mines
1. These orders shall come into force on ___________________________
In these orders, unless the context otherwise requires-
(a) "attendance" means presence of the workman concerned at the place or places where by the terms of his employment he is required to report for work and getting his attendance marked;
(b) the expression "employer" and "workman" shall have the meanings assigned to them in section 2(d) and (i) respectively of the Industrial Employment (Standing Orders) Act, 1946;
(c) "manager" means the manager of the mine and includes an acting manager for the time being appointed in accordance with provisions of the Mines Act, 1952;
(d) words importing masculine gender shall be taken to include females;
(e) words in the singular shall include the plural and vice versa.
3. Classification of workmen
(a) "Workmen" shall be classified as-
(iii) badlis or substitute;
(v) apprentices; and
(b) A "permanent" workman is one who is appointed for an unlimited period or who has satisfactorily put in three months’ continuous service in a permanent post as a probationer;
(c) A "probationer" is one who is provisionally employed to fill a vacancy in a permanent post and has not completed three months’ service in that post unless the probationary period is extended. If a permanent workman is employed as a probationer in a new post, he may, at any time, during the probationary period not exceeding three months, be reverted to his old permanent post unless the probationary period is extended.
(d) A "badly" or substitute is one who is appointed in the post of a permanent workman or a probationer who is temporarily absent; but he would cease to be a "badly" on completion of a continuous period of service of one year (190 attendances in the case of below ground workman and 240 attendance in the case of any other workman) in the same post or other post or posts in the same category or earlier if the post is vacated by the permanent workman or probationer. A "badly" working in place of a probationer would be deemed to be permanent after completion of the probationary period.
(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. The period within which it is likely to be finished should also be specified but it may be extended from time to time, if necessary.
(f) An "apprentice" is a learner who is either paid an allowance or not paid any allowance during the period of his training, which shall inter alia be specified in his term of contract.
(g) A "casual" workman is a workman who has been engaged for work which is of an essentially casual nature.
4. Every workman shall be given a ticket appropriate to his classification at the time of his appointment and shall, on being required to do so, show it to the person authorized by the employer in that behalf. The said ticket shall carry the signature or thumb-impression of the workman concerned. If the workman loses his ticket, the manager shall provide him with another ticket on a payment of 25 paise.
5. Display of notices
(a) The period and hours of work for all classes of workmen in each shift shall be exhibited in English and in the language understood by the majority of workmen employed in the establishment on notice-boards maintained at or near the main entrance of the establishment and at the time-keeper’s office, if any.
(b) Notices, specifying (a) the days observed by the establishment as holidays and (b) pay days shall be posted on the said notice-boards, (c) notice specifying the rates of wages and scales of allowances payable to all classes of workmen and for all classes of work shall be displayed on the said notice boards.
6. Payment of wages
(a) Wages shall be paid direct to the individual workmen on any working day between the hours and at the office of the mine. The manager or any other responsible persons authorized by him shall witness and attest the payment and note the date of payment in the wage register. Payment of wages to a contractor’s workman shall be made at a place to be specified by the manager and it shall be witnessed by a nominee of the employer deputed for this purpose in writing.
(b) Any wages due to a workman but not paid on the usual pay day on account of their being unclaimed shall be paid by the employer on such unclaimed wage pay day in each week as may be notified to the workmen. If the workman so desires, the unpaid wages and other dues payable to him shall be remitted to his address by money order after deducting there from the money order commission charges. All claims for the unpaid wages shall be presented to the employer within a period of twelve months from the date on which the wages became due.
(c) Overtime shall be worked and wages thereof paid in accordance with the provisions of the Mines Act, 1952, as amended by the Mines (Amendment) Act, 1959 and as may be prescribed from time to time. For work on weekly rest day, the workman shall be paid as laid down in any agreement or award or, as the case may be, as per usage or custom.
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, a workman 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 under an agreement with the workman is effected. 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.
All workmen shall be at work at the mine at the time fixed and notified to them
9. Absence from place of work
Any workman, who after going underground or after coming to his work in the department in which he is employed, is found absent from his proper place of work during working hours without permission from the appropriate authority or without any sufficient reason shall be liable to be treated as absent for the period of his absence.
10. Festival holidays’ and leave
(a) There shall be seven paid festival holidays or as laid down in an agreement or an award in force. Out of these seven days the Republic Day, Independence Day and Mahatma Gandhi’s Birthday shall be allowed without option and the rest of the days shall be fixed by agreement or local custom. Whenever a workman has to work on any of these holidays, he shall, at his option be entitled to either thrice the wages for the day or twice the wages for the day on which he works and in addition to avail himself of a substituted holiday with wages on any other day or as laid down in an agreement or an award in force.
(b)(i) The workmen shall be entitled to leave with wages in accordance with provisions contained in Chapter VII of the Mines Act, 1952.
(ii) Normally a workman will not be refused the leave applied for by him. But the employer may refuse, revoke or curtail the leave applied for by the workman, if the exigencies of work so demand. Wages in lieu of leave shall be paid to a workman, where he has been refused the leave asked for and in cases where he cannot accumulate the leave any further. If a workman is refused leave in a particular year in the interest of work, it would be open to him next year either to avail of leave on two occasions, with the usual railway concessions or in case he avails of leave on only one occasion, the railway fare for the unavailed trip would be paid to him in the shape of National Savings/ National Defense Certificates.
(c) Quarantine leave shall be granted to a workman, who is prevented from attending to his duty because of his coming into contact, through no fault of his own, with a person suffering from a contagious disease. The leave shall be granted for such period as is covered by a certificate from the medical officer of the mine. Payment for the period of quarantine leave shall be at the rate of 50 per cent of the wages (basic plus dearness allowance) payable to a workman. Quarantine leave cannot be claimed, if a workman has refused to accept during the previous three months prophylactic treatment for the disease in question.
(d) A workman who desires to obtain leave of absence shall apply to the manager not less than fifteen days before the commencement of the leave, except where leave is required in unforeseen circumstances, and the manager 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, orders shall be given on the same day. If the leave asked for is granted, a leave-pass shall be given to the workman. 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 manager, who shall send a written reply either granting or refusing extension of leave to the workman. Sanction/refusal of leave should be communicated to the workman in Writing invariably.
(e) If a workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose lien on his appointment unless he-
(a) returns within ten days of expiry of his leave, and
(b) explains to the satisfaction of the manager his inability to return on the expiry of his leave.
In case, the workman loses as aforesaid, his lien on the appointment, he shall be entitled to be kept on the "badly list".
(f) A workman may be granted casual leave of absence with pay not exceeding five 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 where this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of such absence and of the probable duration thereof.
(g) Notwithstanding any thing mentioned above, any workman who overstays his sanctioned leave or remains absent without reasonable cause will render himself liable for disciplinary action.
11. [Omitted by the Industrial Employment (Standing Orders) Central (Amendment) Rules, 1984.]
12. Railway travel facilities
(a) When a workman proceeds on leave and is qualified for free railway fare, the employer shall give him the cost equivalent to his ticket (including bus fare) and for boat to his home.
(b) Every workman who has completed a period of twelve months’, continuous service, would qualify for railway fare or bus fare or both for going home on leave and returning to the mine on the expiry of the leave. The twelve months’ service shall be deemed to have been completed if, during the twelve months preceding the date on which he applies for leave, he has worked for not less than two hundred and forty days.
(c) If on the expiry of the leave, a workman returns he shall then receive a cash payment equivalent to the return fare. If on his return the mine is unable to have him back, he shall be paid return fare at once.
(d) If the journey home is by bus or partly by bus and partly by train the cost of the journey shall be adjusted accordingly.
(e) The workman shall be entitled to railway fare by mail or express train wherever under the Railway Rules tickets are available for such travel.
(f) The class by which a workman is entitled to travel shall be:-
(i) if his basic wage is Rs. 165 or less per month III Class;
(ii) if his basic wages is above Rs. 165 and up to Rs. 265 per month II Class;
(iii) if his basic wage is above Rs. 265 per month I Class;
13. Termination of services
(a) For terminating the services of permanent workman having less than one year of continuous service, notice of one month in writing with reasons or wages in lieu thereof shall be given by the employer:
PROVIDED that no such notice shall be required to be given when the services of the workman are terminated on account of misconduct established in accordance with the Standing Orders.
(b) Subject to the provisions of the Industrial Disputes Act, 1947 no notice of termination of employment shall be necessary in the case of temporary and badly workmen:
PROVIDED that a temporary workman, who has completed three months’ continuous service, shall be given two weeks’ notice of the intention to terminate his employment if such termination is not in accordance with the terms of the contract of his employment:
PROVIDED FURTHER that when the services of a temporary workman, who has not completed three months’ continuous service, are terminated before the completion of the term of employment given to him, he shall be informed of the reasons in writing. When the services of a badly workman are terminated before the return to work of the permanent incumbent or the expiry of his (Badli’s) term of employment, he shall be informed of the reasons for such termination in writing.
(c) No workman shall leave the service of an employer unless notice in writing is given at the scale indicated below-
(i) For monthly paid workmen One month
(ii) For weekly paid workmen Two weeks:
PROVIDED that it will be for the employer to relax this condition and the workman may pay cash in lieu of such notice.
(d) For purposes of Standing Orders 13(a), (b) and (c) the terms ‘service’ and ‘wages’ shall have the same meanings as assigned to these in section 25(B)(1) and 2(rr) respectively of the Industrial Disputes Act, 1947.
14. Stoppage of work and re-opening
(a) Subject to the provisions of Chapter VA of the Industrial Disputes Act, 1947, the employer may, at any time, in the event of underground trouble, fire, catastrophe, breakdown of machinery, stoppage of power supply, epidemic, civil commotion or any other cause beyond the control of the employer, stop any section or sections of the mine wholly or partly for any period or periods.
(b) In the event of such stoppage during working hours, the workmen affected shall be notified by notice put up on the notice board in the departments concerned and of the office as soon as practicable as to when work will be resumed and whether they are to remain or leave their place of work. The workmen will not ordinarily be required to remain for more than two hours after the commencement of the stoppage. Whenever workmen are laid off on account of failure of plant or a temporary curtailment of production or other causes they shall be paid compensation in accordance with the provisions of the Industrial Disputes Act, 1947. Where no such compensation is admissible, they shall be granted leave with or without wages, as the case may be, at the option of the workman concerned, leave with wages being granted to the extent of any leave due to them. When workmen are to be laid off for an indefinitely long period, their services may be terminated subject to the provisions of the Industrial Disputes Act, 1947. If normal work is resumed two weeks’ notice thereof shall be given by the pasting of notices at or near the mine office and the workmen discharged earlier by the employer shall, if they present themselves for work, have preference for re-employment.
(c) The employer may in the event of a strike affecting either wholly or partially any section of the mine close down either wholly or partially such section of the mine and any other section affected by such closure. The fact of such closure shall be notified by notices put up on notice board in the manager’s office. Prior to resumption of work, the workmen concerned will be notified by a general notice indicating as to when work will be resumed. A copy of such notice shall be sent to the registered trade union or unions functioning in the establishment.
15. Method of filling vacancies
In the matter of filling up of permanent vacancies, badly and temporary workmen and probationers would be given preference in order of their seniority.
16. [Omitted by the Industrial Employment (Standing Orders) Central (Amendment) Rules, 1984.]
17. Disciplinary action for misconduct
(i) 21[A workman may be suspended by the employer pending investigation or departmental enquiry and shall be paid subsistence allowance in accordance with the provisions of section 10A of the Act. The employer shall normally complete the enquiry within 10 days. The payment of subsistence allowance shall be subject to the workman not taking any employment elsewhere during the period of suspension.]
The following shall denote misconduct:
(a) Theft, fraud, or dishonesty in connection with the employer’s business or property.
(b) Taking or giving of bribes or an illegal gratification whatsoever in connection with the employer’s business or in his own interests.
(c) Willful insubordination or disobedience, whether along or in conjunction with another or others, or of any lawful or reasonable order of a superior. The order of the superior should normally be in writing.
(d) Habitual late attendance and habitual absence without leave or without sufficient cause.
(e) Drunkenness, fighting or riotous, disorderly or indecent behavior while on duty at the place of work.
(f) Habitual neglect of work.
(g) Habitual indiscipline.
(h) Smoking underground or within the mine area in places, where it is prohibited.
(i) Causing willful damage to work in progress or to property of the employer.
(j) Sleeping on duty.
(k) Malingering or slowing down work.
(l) Acceptance of gift from subordinate employees.
(m) Conviction in any court of law for any criminal offence involving moral turpitude.
(n) Continuous absence without permission and without satisfactory cause for more than ten days.
(o) Giving false information regarding one’s name, age, father’s name, qualification or previous service at the time of the employment.
(p) Leaving work without permission or sufficient reason.
(q) Any breach of the Mines Act, 1952, or any other Act or any rules, regulations or bye-laws thereunder, or of any standing orders.
(r) Threatening, abusing, or assaulting any superior or co-worker.
(s) Habitual money lending.
(t) Preaching of or inciting to violence.
(u) Abatement of or attempt at abatement of any of the above acts of misconduct.
(v) Going on illegal strike either singly or with other workers without giving 14 days’ previous notice.
(w) Disclosing to any unauthorized person of any confidential information in regard to the working or process of the establishment which may come into the possession of the workman in the course of his work.
(x) Refusal to accept any charge sheet or order or notice communicated in writing.
(y) Failure or refusal to wear or use any protective equipment given by the employers.
(ii) No order of punishment under Standing Order No. 17(i) shall be made unless the workman concerned is informed in writing of the alleged misconduct and is given an opportunity to explain the allegations made against him. A departmental enquiry shall be instituted before dealing with the charges. During the period of enquiry, the workman concerned may be suspended. The workman may take the assistance of a co-worker to help him in the enquiry, if he so desires. The records of the departmental enquiry shall be kept in writing. The approval of the owner, agent or the chief mining engineer of the employer or a person holding similar position shall be obtained before imposing the punishment of dismissal. A copy of the enquiry proceedings shall be given to the workman concerned on the conclusion of the enquiry, on request by the workman.
(iii) If a workman is not found guilty of the charges framed against him, he shall be deemed to be on duty during the full period of his suspension and he shall be entitled to receive the same wages as he would have received if he had not been suspended.
(iv) In awarding punishment under this Standing Order, the authority awarding punishment shall take into account the 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 authority awarding punishment shall be supplied to the workman concerned.
18. Time limit for making complaints, appeals, etc.
All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his servant shall be submitted within 7 days of such cause of complaint to the manager of the mine, with the right of appeal to the employer. Any appeal to the employer shall be made within 3 days of the decision of the manager. The employer shall normally give his decision within 3 days of the receipt of the appeal.
19. Liability of manager of the mine
The manager of the mine shall personally be held responsible for the proper enforcement of these standing orders provided that where a manager is overruled by his superior, the latter shall be held responsible for the decision taken.
20. Service certificate
Every workman who was employed continuously for a period of more than three months shall be entitled to a service certificate at the time of his leaving the service of employer.
21. Entry and exit
All workmen shall enter and leave the premises of the establishment through authorized gates and shall be liable for search while going in or coming out of the premises. In case of women workmen search will only be made by women.
22. Exhibition and supply of Standing Orders
A copy of these orders in English and in the regional languages of the local area in which the mine is situated shall be posted at the manager’s office and in such other place of the mine as the employer may decide and it shall be kept in a legible condition. A copy of the Standing Orders shall be supplied to a workman on application, on payment of a reasonable price. A trade union in the establishment will, however, be entitled to the free supply of a copy of the Standing Orders, provided the union is one which is recognized by the employer.]