Industrial Employment (Standing Orders) Act, 1946
SCHEDULE IB : Model Standing Orders on Additional items Applicable to all Industries
1. Service record
Matters relating to service card, token tickets, certification of service, change of residential address of workers and record of age.
(i) Service card: Every industrial establishment shall maintain a service card in respect of each workman in the form appended to these orders, wherein particulars of that workman shall be recorded with the knowledge of that workman and duly attested by an officer authorized in this behalf together with date.
(ii) Certification of service : (a) Every workman shall be entitled to a service certificate, specifying the nature of work (designation) and the period of employment (indicating the days, months, years) at the time of discharge, termination, retirement or resignation from service;
(b) The existing entries in Para 16 of Schedule I and Para 20 of Schedule IA shall be omitted.
(iii) Residential address of workman : A workman shall notify the employer immediately on engagement the details of his residential address and thereafter promptly communicate to his employer any change of his residential address. In case, the workman has not communicated to his employer the change in his residential address, his last known address shall be treated by the employer as his residential address for sending any communication.
(iv) Record of age :
(a) Every workman shall indicate his exact date of birth to the employer or the officer authorized by him in this behalf, at the time of entering service of the establishment. The employer or the officer authorized by him in this behalf may before the date of birth of a workman is entered in his service card, require him to supply,-
(i) his matriculation or school leaving certificate granted by the Board of Secondary Education or similar educational authority; or
(ii) a certified copy of his date of birth as recorded in the registers of a municipality, local authority or Panchayat or Registrar of Births;
(iii) in the absence of either of the aforesaid two categories of certificates, the employer or the officer authorized by him in this behalf may require the workman to supply, a certificate from a government medical officer not below the rank of an Assistant Surgeon, indicating the probable age of the workman provided the cost of obtaining such certificate is borne by the employer;
(iv) where it is not practicable to obtain a certificate from a government medical officer, an affidavit sworn, either by the workman or his parents, or by a near relative, who is in a position to know about the workman’s actual or approximate date of birth, before a First Class Magistrate or Oath Commissioner, as evidence in support of the date of birth given by him.
(b) The date of birth of a workman, once entered in the service card of the establishment shall be the sole evidence of his age in relation to all matters pertaining to his service including fixation of the date of his retirement from the service of the establishment. All formalities regarding recording of the date of birth shall be finalized within three months of the appointment of a workman.
(c) Cases where date of birth of any workman had already been decided on the date these rules come into force shall not be reopened under these provisions.
Note: Where the exact date of birth is not available and the year of birth is only established then the lst July of the said year shall be taken as the date of birth.
The employer shall in accordance with the terms and conditions stipulated in the letter of appointment, confirm the eligible workman and issue a letter of confirmation to him. Whenever a workman is confirmed, an entry with regard to the confirmation shall also be made in his service card within a period of thirty days from the date of such confirmation.
3. Age of retirement
The age of retirement or superannuation of a workman shall be as may be agreed upon between the employer and the workman under an agreement or as specified in a settlement or award which is binding on both the workman and the employer. Where there is no such agreed age, retirement or superannuation shall be on completion of 23 years of age by the workman.
A workman may be transferred according to exigencies of work from one shop or department to another or from one station to another or from one establishment to another under the same employer:
PROVIDED that the wages, grade, continuity of service and other conditions of service of the workman are not adversely affected by such transfer:
PROVIDED FURTHER that a workman is transferred from one job to another, which he is capable of doing, and provided also that where the transfer involves moving from one State to another such transfer shall take place, either with the consent of the workman or where there is a specific provision to that effect in the letter of appointment, and provided also that
(i) reasonable notice is given to such workman, and
(ii) reasonable joining time is allowed in case of transfers from one station to another. The workman concerned shall be paid traveling allowance including the transport charges and fifty per cent thereof to meet incidental charges.
5. Medical aid in case of accidents
Where a workman meets with an accident in the course, of or arising out of his employment, the employer shall, at the employer’s expenses, make satisfactory arrangements for immediate and necessary medical aid to the injured workman and shall arrange for his further treatment, if considered necessary by the doctor attending on him. Wherever the workman is entitled for treatment and benefits under the Employees’ State Insurance Act, 1948, or the Workmen’s Compensation Act, 1923, the employer shall arrange for the treatment and compensation accordingly.
6. Medical examination
Wherever the recruitment rules specify medical examination of a workman on his first appointment, the employer shall, at the employer’s expense make arrangements for the medical examination by a registered medical practitioner.
No workman shall take any papers, books, drawings, photographs, instruments, apparatus, documents or any other property of an industrial establishment out of the work premises except with the written permission of his immediate superior, nor shall he in any way pass or cause to be passed or disclose or cause to be disclosed any information or matter concerning the manufacturing process, trade secrets and confidential documents of the establishment to any unauthorized person, company or corporation without the written permission of the employer.
8. Exclusive service
A workman shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the establishment, which may adversely affect the interest of his employer: