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BOMBAY INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1959

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BOMBAY INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1959

PREAMBLE

In exercise of the powers conferred by Section 15 of the industrial Employment (Standing Orders) Act, 1946 (XX of 1946), in its application on the State of Bombay, the Government of Bombay hereby makes the following rules, namely-

Rule - 1. Short title, extent and commencement.

(a) These rules may be called the Bombay Industrial Employment (Standing Orders) Rules, 1959.

(b) They extend to the whole of the State of Gujarat.

Rule - 2. Definitions.

(1) In these rules unless the context otherwise requires,

(a) "Act" means the Industrial Employment (Standing Orders) Act, 1946;

(b) "Form" means a form set out in Schedule II appended to these rules;

Rule - 3. Model standing orders.

The model standing orders for the purposes of the Act shall be those set out in Schedule I appended to these rules.

Rule - 4. Representatives of workmen.

(1) Where there is a trade union representing workmen in any industrial establishment, the trade union of which the workmen are members, shall be the representive of such workmen for the purposes of the Act, and these rules.

(2) Where there is no such trade union, the Certifying Officer shall cause a meeting of the workmen to be held on such date as may be fixed by him or by any persons authorised by him for the election of five representatives for each of the [1][three] categories of workmen, namely.

(i) workmen doing manual or technical work,

(ii) workmen doing clerical or supervisory work, and

[2][(iii) working journalists in the case of newspaper establishment.]

(3) The Certifying Officer or any person authorised by him may require the employer to display a notice of the date, time and place of the meeting at or near the main gate or in the departments of the establishment prominently and in such manner as may be directed by him or any person authorised by him.

(4) The meeting shall be convened, and presided over by the Certifying Officer or such person as may be authorised or deputed by him.

(5) The workmen declared elected at the meeting by the person presiding shall be the representatives of the workmen for the purposes of the Act and these rules.

Rule - 5. Application for modification.

An application for modification under sub-section (2) of section 10 of the Act may be made on behalf of any workman in any industrial establishment.

(i) by any other workman employed in such industrial establishment, or

(ii) by his representive elected under rule 4.

Rule - 6. Particulars of statements.

(1) Every employer who submits draft amendments under sub-section (1) of section 3 of the Act or applies for modification under sub-section (2) of section 10 of the Act, shall furnish the Certifying Officer with separate statements in Form "A" in respect of

(i) workmen doing manual or technical work,

(ii) workmen doing clerical or supervisory work[3],

(iii) working journalists in the case of newspaper establishments.[4]

Each such statement shall contain the following particulars, namely :

(a) the total number of workmen employed in the industrial establishment;

(b) the number of permanent workmen, probationers, badlis or substitutes, temporary workmen, apprentices, part-time workmen and casual workmen; and

(2) Every workman submitting draft amendments under sub-section (1) of section 3 of the Act and every workman or his representative making application for modification under sub-section (2) of section 10 of the Act shall furnish the certifying Officer with a statement in Form "B".

Rule - 7. Submission of joint draft.

A group of employers in similar industrial establishments may submit a joint draft of amendments provided such joint draft is submitted through a person authorised in this behalf by such group and five times as many copies of the draft as the number of industrial establishments to which the joint drafts is to apply are submitted. The following particulars shall be furnished along with the joint draft, namely.

(i) a list of employers constituting the group with the name and address in full of each industrial establishment;

(ii) a declaration that the industrial establishments constituting the group have agreed to abide by the conditions laid down in the joint draft;

(iii) statements prescribed by sub-rule (1) of rule 6 in respect of each of the industrial establishments constituting the group.

Rule - 8. Notice to workmen, employer, etc.

(1) On receipt of the draft amendments, or modifications submitted by an employer, the Certifying Officer shall, as soon as practicable.

(i) cause copies thereof together with notice in Form "C" to be affixed on the notice board of the industrial establishment concerned for the information of the workmen of the said establishment, and

(ii) forward by registered post copies of the draft amendments or modifications and of the notice in Form "C" together with notice in Form "D" to the trade union or unions named by the employer in the statement submitted by him in Form "A" and to any other trade union or unions which in the opinion of the Certifying Officer are concerned with the establishment.

(2) On receipt of the draft amendments or modifications submitted by or on behalf of a workman, the Certifying Officer shall, as soon as practicable,

(i) cause copies thereof together with notice in Form "C" to be affixed on the notice board of the industrial establishment concerned for the information of the workmen of the said establishment, and

(ii) forward by registered post copies of the amendments or modifications and of the notice in Form "C" together with notice in Form "D" to the trade union or unions named by the workman in the statement submitted by or on behalf of him in Form "B" and to any other trade union or unions which in the opinion of the Certifying Officer are concerned with the establishment, and

(iii) forward by registered post copies of the amendments or modifications to the employer requesting him to submit his objections, if any, to the amendments or modifications within fifteen days of the receipt of a communication to that effect from the Certifying Officer.

Rule - 9. Submission of copies of draft amendments and modifications.

The copies of the draft amendments or modifications to be submitted by the employer under sub-section (1) of section 3 and under sub-section (2) of section 10 of the Act shall be type written on one side of the paper only.

Rule - 10. Authentication of amendments or modification.

The amendments or modifications certified by the Certifying Officer or confirmed by the appellate authority shall be authenticated by affixing thereto the seal of the Certifying Officer or, as the case may be, of the appellate authority. The amendments or modifications as certified by the Certifying Officer shall be forwarded to the parties by registered post acknowledgment due or by hand delivery.

Rule - 11. Register under section 8.

The register of standing orders or model standing orders together with all amendments required to be maintained under section 8 of the Act shall be in Form "E".

Rule - 12. Fees.

The fee payable for furnishing a copy of the standing orders, or model standing orders together with all the amendments as certified by the Certifying Officer shall be five naye paise for every 25 words or part thereof. For certified copies, an additional fee of five naye paise per 100 words or part thereof shall be charged, and on the total amount payable for a certified copy a surcharge of 25 per cent, shall be levied.

Rule - 13. Procedure in appeal.

(1) Any person desiring to prefer an appeal against an order of the Certifying Officer shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quadruplicate accompanied by a certified Officer against which the appeal is preferred, to the Registrar of the Industrial Court.

(2) The appellate authority shall, after giving the appellant an opportunity of being heard, unless it comes to the conclusion that the decision of the Certifying Officer is contrary to law or otherwise erroneous, confirm the amendments or modifications as certified by him.

(3) Where the appellate authority does not confirm the 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 workmen of the industrial establishments and where there are no such trade unions to the representatives of workmen elected under rule 4, 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 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 considers to be relevant.

Rule - 14. Application under section 16A of the Act.

(1) Every application made under section 13A of the Act shall be forwarded to the Labour Court by registered post or be presented to the clerk of the Court or any other subordinate officer authorised by the Court in this behalf.

(2) Such application may be made on behalf of any workman in any industrial establishment,

(i) by any other workman employed in such industrial establishment, or

(ii) by his representative elected under rule 4.

Rule - 15. Inclusion of additional matters in Schedule to the Act.

The following additional matters shall be included in the Schedule to the Act after items 1 and 7 respectively, namely.

"1A. Workmen's tickets and registers.

7A, Closing and reopening of the entire industrial establishment or departments thereof and the rights and liabilities of the employer and workmen arising therefrom."

Rule - 16. Repeals.

The Industrial Employment (Standing Orders) Central Rules, 1946, as in force in the Kutch area of the State of Bombay, the Central Provinces and Berar Industrial Employment (Standing Orders) Rules, 1947, as in force in the Vidarbha region of the State of Bombay, the Bombay Industrial Employment (Standing Orders) Rules, 1948, as in force in the pre-Reorganisation State of Bombay, excluding the transferred territories, the Saurashtra Industrial Employment (Standing Orders) Rules, 1949, and the Hyderabad I mistrial Employment (Standing Orders) Rules, 1953, as in force in the Hyderabad area of the State of Bombay are hereby repealed :

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

SCHEDULE – 1

MODEL STANDING ORDERS

A. For workmen doing manual or technical work

(1) These Orders shall apply to all workmen employed in the establishment to do manual or technical work.

(2) In these orders, unless the context requires otherwise,

(a) 'the establishment, means' ...................................................

(b) 'Manager' means the person for the time being managing the establishment and includes any other officer duly authorised by the employer to act as manager such authorisation being notified to the workmen by displaying it on the notice board of the establishment;

(d) 'Ticket' includes a card, pass or token.

(3) (1) Workmen shall be classified, as,

(a) permanent workmen;

(b) probationers;

(d) temporary workmen;

[5][(dd) fixed term employment;]"

(e) casual workmen; and

(f) apprentices.

(2) (a) 'Permanent workman' means a workman who has been employed one permanent basis or whose appointment has been confirmed in writing by the Manager or by a person authorised in this behalf by the Manager and includes a workman who has completed a probationary period of three months in the aggregate in the same or another occupation in the establishment and an apprentice who is asked or appointed to work in the post or vacancy of a permanent workman for the purposes of payment of wages to him during the period he works on such post or in such vacancy.

(b) 'probationer' means a workman who is provisionally employed to fill a permanent vacancy or post and who has not completed three months' service in the aggregate in that post.

(c) 'badli' or 'substitute' means a workman who is appointed to the post of a permanent workman or probationer, who is temporarily absent and whose name is entered in the badli register.

(d) 'Temporary workman' means a workman who has been appointed for a limited period for work which is of an essentially temporary nature, or who is employed temporarily as an additional workman in connection with temporary increase in work of a permanent nature.

(e) 'casual workman' menas a workman who is employed for work which is essentially of an occasional or casual nature.

(f) 'apprentice' means a workman who is a learner and who may or may not be paid an allowance during the period of his training :

Provided that no workman shall be classified as an apprentice if he has had training for an aggregate period of one year.

["(g) A fixed term employment' workman is a workman who has engaged on the basis of contract of employment for a fixed period. However, his working hours, wages, allowance and other benefits shall not be less than that of a permanent workman. He shall also be eligible for all statutory benefits available to a permanent workman 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.";]

(4) If a permanent workman is employed as probationer in a new post, he may, at any time during the probationary period, be reverted to his old permanent post by an order in writing signed by the Manager.

(5) (1) For each class of workmen, specified in clause (1) of Standing Order 3 a distinctive ticket shall be provided bearing the name of the class.

(2) Every workman shall be given a ticket bearing,

(i) the name of the department in which he is working; and

(ii) his number.

(3) Every workman shall, when entering the establishment, deliver up his ticket at the place provided, and shall show his ticket whenever required (except when it is not in his possession by reason of having been so delivered) to any person authorised by the Manager in this behalf.

(4) The days on which a 'badli' works in the establishment shall be entered on his ticket.

[6][5-A- (1) Every workman shall be furnished with an identity card in the following proforma given in the table below:-

Provided that it shall not be necessary to furnish such identity card to any workman to whom an identity card containing similar particular and information is furnished under any other law applicable to him.

TABLE

Identity Card

(a) the name and address of the establishment

(b) the full name and address of the workman

(d) the date of joining the Service in the establishment

(e) Recent passport size photograph of the workman.

Date of issue..........

Signature of the employer or his authorised agent.

(2) The Cost of such identity card including the cost of recent passport size photograph shall be borne by the employer.

(3) If any workman losses his identity card, a duplicate card shall be furnished to him by the employer or by any other person authorised by him in this behalf, immediately on production of a recent passport size photograph by the workman for fixing on it, free of charge.

(4) No workman shall be allowed or required to work in any establishment unless he possesses an identity card furnished clause (1) or (3) of this order.]

(6) Notices showing the periods and hours of work for every class and group of workmen in the establishment and for each shift shall be displayed on notice boards maintained for the purpose in the departments concerned and at the time-keeper's office or at or near the main entrance of the establishment.

(7) Notices specifying (a) the weekly holiday under section 52 of the Factories Act, 1948, (b) the dates on which compensatory holidays, if any under section 53 of the Factories Act, 1948, will be allowed, and (c) the days on which wages are to be paid shall be displayed on the notice boards at the time-keeper's office at or near the main entrance of the establishment.

(8) Notices specifying the rates of wages, showing separately the allowances, if any, payable to each class of workmen and for each class of work shall be displayed in a conspicuous position in the departments in which the workmen concerned are working.

(9) (1) An unclaimed wage pay day for each week (i.e., day on which wages due to a workman but not paid on the usual pay day on account of their being unclaimed, are to be paid) shall be notified on the notice boards, along with the notices to be displayed under Standing Orders 7.

(2) The unclaimed amount of wages due to a workman shall be paid on the days notified under this Standing Order and on the unclaimed wages pay day following the date on which a substantiated claim was presented by the workman, or on his behalf, by his legal representative.

(10) (1) (a) More than one shift may be worked in a department or section of a department at the discretion of the Manager.

(b) If more than one shift is worked in the establishment workmen shall be liable to be transferred from one shift to another.

(c) Whenever an additional shift is started or shifts are altered or discontinued, a fifteen days' notice shall be given to the workmen but if as a result of the discontinuance of the shift any permanent workman is likely to be discharged, a notice of [7]two months shall be given.

(d) If as a result of discontinuance of shift working, any permanent workmen are likely to be discharged, they shall be discharged having regard to the length of their service in the establishment and the department and the occupation concerned, those with the shortest term of service being discharged first.

(e) On re-starting a shift, notice thereof shall be given either in a news-paper having wide local circulation or by letters to individual workmen concerned; and the workmen discharged as a result of the discontinuance of the shift shall, if they present themselves within seven days of the publication of the notice or the posting of the letters, be given preference for employment according to the length of their service in the establishment and the department and the occupation concerned.

(2) The Manager may close down any department or section of a department after giving one month's notice to the workmen, Before reopening such department or section, as the case may be, seven days notice thereof shall be given either in a newspaper having wide local circulation or by letters to individual workmen concerned.

(3) The Manager may close down the whole establishment after giving [8]three months' notice to the workmen. Seven days' public notice of the restarting of the establishment shall be given either in a newspaper having a wide local circulation or by letter to individual workmen concerned.

(4) Notices of

(i) starting, re-starting, alteration and discontinuance of shift working,

(ii) the closure and re-opening of a department or section of a department, and

(iii) the closure, and re-opening of the establishment shall be displayed in the time-keeper's office or at the main entrance to the establishment and at the gate or gates appointed under the Standing Order 16, and in the case of a department or section, also in the department concerned.

(5) On the re-opening of a department or section or the establishment, as the case may be, preference for employment will be given to the workmen whose services were terminated on account of the closure, according to the length of their service in the establishment and the department and the occupation concerned, provided that they present themselves for service at the latest by the day of re-opening.

(11) (1) All workmen shall be at work in the establishment at the times fixed and notified. Workmen attending late shall be liable to be shut out and treated as absent :

Provided that no workman who attends within 15 minutes of the starting time shall be shut-out.

(2) Any workman, who after delivering his ticket is found absent from his proper place of work during working hours without permission or without sufficient reason, shall be liable to be treated as absent for the period of his absence.

(12) Subject to the provisions of clause (1) of the Standing Order 13, leave with wages and allowances shall be granted to all workmen in accordance with the law applicable to the establishment in which such workmen are employed of any agreement, settlement or award for the time being in force, or the contract of service or any custom or usage of the establishment.

(13) (1) Grant of leave to a workman shall depend on the exigencies of the establishment and shall be at the direction of the Manager.

(2) A workman who desires to obtain leave of absence shall apply in writing to the Manager or any officer appointed for the purpose by the Manager. Such application for leave shall be made at least seven days before the date from which leave is to commence, except in urgent cases or unforeseen circumstances when it is not possible to do so. The Manager or any officer empowered by him in this behalf shall issue orders on such application within three days of the presentation of the application and in cases of an urgent nature immediately. If the leave asked for is granted, a leave pass showing the date from which the leave of absence commences and the date on which the workman will have to resume duty shall be issued to the workman. Where leave is refused or postponed, the fact of such refusal or postponement and the reasons therefore shall be recorded in writing in a register to be maintained for the purpose, and if the workman so desires a copy of such entry in the register shall be supplied to him.

(3) If a workman after proceeding on leave desires an extension thereof, he shall make an application for the purpose to the Manager, in writing. A written reply conveying the grant or refusal of extension of leave shall be sent to the workman at the address given by him if such reply is likely to reach him before the expiry of the leave originally granted to him.

(4) A workman remaining absent beyond the period of leave originally granted or subsequently extended, shall be liable to lose his lien on his appointment unless he returns within eight days of the expiry of the sanctioned leave and explains to the satisfaction of the authority granting leave his inability to resume his duty immediately on the expiry of his leave. A workman who loses his lien udner the provisions of this Standing Order but reports for duty within fifteen days of the expiry of his leave (i) shall be kept as 'badli' if he so desires and his name shall thereupon be entered in the 'badli' register, and (ii) if no 'badlis' are employed, his name shall be kept on a waiting list of persons to be given preference for employment as and when suitable vacancies occur.

(14) [9](1) Every workman shall be entitled to ten days casual leave in aggregate with or without pay.

(2) Casual leave shall be non-cumulative and no leave of any kind may be combined with casual leave.

(3) Except for emergent reasons, casual leave shall be limited to three days at a time. Casual leave is intended to meet special or unforeseen circumstances for which provision cannot be made by exact rules.

(4) Holidays declared by the establishment and weekly holidays may be prefixed or suffixed to casual leave.

(5) Ordinarily, the previous permission of the Manager or of the head of the department shall be obtained before taking such leave. When this is not possible, the Manager, or the head of the department shall, as soon as may be practicable, be informed in writing or orally through any person of the absence from work and of the probable duration of such absence.

(15) Except in the case of casual workman, a record shall be maintained in a register of all leave of absence which is sanctioned, refused or postponed and reasons for refusal or postponement shall in every case be entered therein. The record shall be open to inspection by the workmen concerned.

(16) No workman shall enter or leave the premises of the establishment except by the gate or gates appointed for the purpose.

(17) (1) Any workman may, when leaving the department or the premises of the establishment be searched at the point of exit of the department or the establishment by the gateman or any person appointed by the Manager for the purpose.

(2) Any female worker may be detained by the gateman or any person appointed by the Manager for the purpose for search by a female searcher, if acting without malice he suspects that the she is in wrongful possession of property belonging to the establishment.

(3) Every search shall be conducted in the presence of not less than two persons and a female worker shall not be searched in the presence of any male person, except with her consent.

(4) Subject to the provisions of the above clauses, any member of a Works Committee Constituted under the provisions of the Industrial Disputes Act, 1947, may be present at a search made under this Standing Order.

(18) (1) In the event of a fire, catastrophe, breakdown of machinery, stoppage of power supply, an epidemic, civil commotion or other cause beyond the control of the Manager, the Manager may, at any time without notice or compensation in lieu of notice stop any machine or department wholly or partially or the whole or part of the establishment for a reasonable period.

(2) In the event of a stoppage under clause (1) during working hours the workmen affected shall be notified, as soon as practicable, when work will be resumed and whether they are to remain or leave the establishment. The period of detention in the establishment shall not ordinarily exceed one hour after the commencement of the stoppage. If the period of detention does not exceed one hour, workmen so detained shall not be paid for such period. If the period of detention in the establishment exceeds one hour, workmen so detained shall be entitled to receive wages (including all allowances) for the whole of the time during which they are detained in the establishment as a result of the stoppage. In the case of piece-rate workmen the average daily earnings for the previous month shall be taken to be the daily wages.

(3) Wherever practicable, reasonable notice shall be given of the resumption of normal work, and all such workmen laid off under this Standing Order who present themselves for work, when work is resumed, shall be given preference for employment.

(4) all notices required to be given under this Standing Order shall be displayed on notice boards at the time-keeper's office and at the main entrance to the establishment. Where a notice pertains to a particular department or departments only, it shall also be displayed in the department concerned.

(19) In cases where workmen are laid off under Standing Order 18, they shall be considered as temporarily unemployed and the period of such unemployment shall be treated as leave with pay to the extent such leave is admissible and leave without pay for the balance of the period. When, however, workmen have to be laid off for an indefinite period exceeding two months, their service may be terminated after giving them due notice or pay in lieu thereof.

(20) Workmen may be laid off due to shortage of orders, temporary curtailment of production or similar reasons and consequent stoppage of any machine or department, for a period not exceeding six days in the aggregate (excluding statutory holidays), in any month, provided that seven days' notice is given. A workman laid off under this Standing Order for more than five days in a month may, on being laid off, leave his employment on intimation of his intention to do so.

(21) Notwithstanding anything contained in Standing Orders 18, 19 and 20, the rights and liabilities of employers and workmen in so far as they relate to lay off shall be determined in accordance with the provisions of Chapter V-A of the Industrial Disputes Act, 1947 :

Provided that nothing contained in the said Chapter shall have effect to derogate from any right which a workman has under the Minimum wages Act, 1948, or any notification or order issued thereunder or any award for the time being in operation or any contract with the employer.

(22) The Manager may, in the event of a strike affecting either wholly or partially any section or departments of the establishment close down either wholly or partially such section or department as well as any other sections or department affected by such closing down. The fact of such closure shall, as soon as practicable, be notified by notice displayed on the notice boards in the departments concerned at the gate or gates appointed under Standing Order 16 and in the time-keeper's office or at or near the main entrance of the establishment. The workmen concerned shall also be notified by a general notice put up at the places where notices of closure mentioned above are to be displayed, prior to the resumption of work as to when work will be resumed.

(23) (1) Subject to the provisions of the Industrial Disputes Act, 1947, the employment of a permanent workman employed on rates other than the monthly rates of wages may be terminated by giving him fourteen days' notice or by payment of thirteen days' wages (including all admissible allowances) in lieu of notice.

(2) Save as otherwise provided in these Standing Orders a permanent workman employed on rates other than the monthly rates of wages desirous of leaving the service may do so by giving the Manager fourteen day's notice in writing.

(3) Where the employment of a workman is terminated under sub-rule (1) or where a workman leaves the service under sub-rule (2) and such workman draws wages on piece rate basis, wages shall be computed on the average daily earnings of such workman for the days he actually worked during the previous wage period.

(4) The employment of a permanent workman employed on the monthly rates of wages may be terminated by giving him one month's notice or on payment of one month's wages (including all admissible allowances) in lieu of notice.

[10](4-A) The reasons for the termination of service of a permanent workman shall be recorded in writing and communicated to him, if he so desires, at the time of discharge, unless such communication, in the opinion of the Manager, is likely directly or indirectly to lay any person open to civil or criminal proceedings at the instance of the workman.

(5) Save as otherwise provided in these Standing Orders, a permanent workman employed on the monthly rates of wages, desirous of leaving the service shall give in writing one month's] notice to the Manager of his intention to do so.

(6) If a permanent workman leaves the service without giving notice no deduction on that account shall be made from his wages, but he shall be liable to be sued for damages.

(7) All classes of workmen other than those appointed on a permanent basis may leave their service or their service may be terminated without notice or pay in lieu of notice :

Provided that 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 the Standing Order 25.

(8) When the employment of any workman is terminated, the wages earned by him shall be paid to him before the expiry of the second working day from the day on which his employments terminated. In the case of workman leaving the service, the payment of the wages earned by him shall be made within seven days from the date on which he leaves the service. All other sums due to a workman shall be paid before the expiry of one month from the date of termination of his service or, as the case may be, from the date he left service.

(9) An order of termination of service shall be in writing and shall be signed by the Manager and a copy thereof shall be supplied to the workman concerned. In cases of general retrenchment, closing down of department or termination of service as a result of a strike, no such order shall be given.

[11]["(10) Subject to the provisions of the Industrial Disputes Act, 1947 (XIV of 1947), no temporary workman whether monthly rated or weekly rated or piece rated, and no prohibationer or badli or fixed term employment workman as a result of non-renewal of contract of employment or on its expiry, 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 25, sub-paragraph (4)."]

(24) The following acts and omissions on the part of a workman shall amount to misconduct.

(a) wilful insubordination or disobedience, whether or not in combination with another, of any lawful and reasonable order of a superior;

(b) going on an illegal strike or abetting, inciting instigating or acting in furtherance thereof;

(d) theft, fraud or dishonesty in connection with the employer's business or property or the theft of property of another workman within the premises of the establishment;

(e) taking or giving bribes or any illegal gratification;

(f) habitual absence without leave, or absence without leave for more than ten consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation;

(g) late attendance on not less than four occasions within a month;

(h) habitual breach of any Standing Order or any law applicable to the establishment or any rules made thereunder;

(i) collection without the permission of the Manager of any money within the premises of the establishment except as sanctioned by any law for the time being in force;

(j) engaging in trade within the premises of the establishment;

(k) drunkenness, riotous, disorderly or indecent behaviour on the premises of the establishment;

(l) commission of any act subversive of discipline or good behaviour on the premises of the establishment;

(m) habitual neglect of work, or gross or habitual negligence;

(n) habitual breach of any rules or instructions for the maintenance and running of any department, or the maintenance of the cleanliness of any portion of the establishment;

(o) habitual commission of any act or omission for which a fine may be imposed under the Payment of Wages Act, 1936;

(p) canvassing for union membership or the collection of union dues with in the premises of the establishment, except in accordance with any law or with the permission of the Manager;

(q) wilful damage to work in process or to any property of the establishment;

(r) holding meeting inside the premises of the establishment without the previous permission of the Manager or except in accordance with the provisions of any law for the time being in force;

(s) disclosing to any unauthorised person any information in regard to the processes of the establishment which may come into the possession of the workman in the course of his work;

(t) gambling within the premises of the establishment;

(u) smoking or spitting on the premises of the establishment where it is prohibited by the employer;

(v) failure to observe safety instruction notified by the employer or interference with any safety device or equipment installed within the establishment;

(w) distributing, or exhibiting within the premises of the establishment hand-bills, pamphlets, posters and such other things or causing to be displayed by means of signs or writing or other visible representation on any matter without previous sanction of the Manager;

(x) refusal to accept a charge-sheet, order or other communication served in accordance with these Standing Orders;

(y) unauthorised possession of any lethal weapon in the establishment.

[12]["(z) indulge in any act of sexual harassment of any women at work place including such unwelcome sexually determined behavior, whether directly or by implication as,-

(a) physical contact and advances;

(b) demand or request for sexual favours;

(d) showing pornography; or

(e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature."]

Explanation : No act of misconduct which is committed on less than three occasions within a space of one year shall be treated as habitual.

(25) (1) A workman guilty of misconduct may be

(a) warned or censured, or

(b) fined, subject to and in accordance with the provisions of the Payment of Wages Act, 1936, or

[13](d) punished by way of withholding of increment or promotion (including stoppage of increment at an efficiency bar); or

(e) reduced to a lower post or time scale or to a lower stage in a time scale, or

(f) discharged under Order 23, or

(g) dismissed without notice.

[14]Provided that in the case of a workman to whom provisions of article 311 of the Constitution of India apply, those provisions shall be complied with.

(2) No order under sub-clause (b) of clause (1) shall be made unless the workman concerned, has been informed in writing of the alleged misconduct or given an opportunity to explain the circumstances alleged against him.

(3) No order of dismissal under sub-clause (d) of clause (1) shall be made except after holding an enquiry against the workman concerned in respect of the alleged misconduct in the manner set forth in clause (4).

(4) A workman against whom an inquiry has to be held shall be given a charge-sheet clearly setting forth the circumstances appearing against him and requiring explanation. He shall be given an opportunity to answer' the charge and permitted to be defended by a workman working in the same department as himself. Except for reasons to be recorded in writing by the officer holding the inquiry, the workman shall be permitted to produce witnesses in his defence and cross-examine any witnesses on whose evidence the charge rests. A concise summary of the evidence led on either side and the workman's plea shall be recorded.

[15](5) (a) Where as a result of disciplinary proceeding against a workman any action is contemplated or is pending under any of sub-clauses (b), (c), (d), (e), (f) and (g) of clause (1) or where any proceedings on a criminal charge are taken against him in respect of any offence 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 the date of suspension.

(b) A workman who is placed under suspension under clause (a) shall, during the period of such suspension, he paid a subsistence allowance at the following namely :

(i) where the inquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension be not less than one-half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he were on leave with wages. If on account of prolongation of the departmental inquiry the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be not less than three fourths of such basic wages, dearness allowance and other ____________________compensatory allowances:_______________________

Provided that where such inquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days be reduced to an amount upto one fourth of such basic wages, dearness allowance and other compensatory allowances.

(ii) where the inquiry is by an outside agency or, as the case may be, where proceedings on a criminal charge are taken against the workman, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be not less than one-half of his basic wages, dearness allowance and other compensatory allowance to which the workman would have been entitled if he were on leave. If on account of prolongation of such inquiry or proceedings on criminal charge, the workman continues to be under suspension for a period exceeding one hundred and eighty days, the subsistence allowance shall, for such period, be not less than three-fourths of such wages :

Provided that where such proceedings on a criminal charge is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding one-hundred and eighty days, be reduced to an amount upto one fourth of such wages.

(c) If on the conclusion of the inquiry or as the case may be, of the proceedings on a criminal charge, 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 discharge 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 or discharge 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 enquiry or proceedings on a criminal charge 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 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 be entitled to the same wages and privileges as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period.

(d) If on the conclusion of the inquiry, or as the case may be of the proceedings on a criminal charge, 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 order shall be subject to the workman concerned not taking up any employment during the period of suspension.

(6) In awarding punishment under this Standing Order the Manager 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.

(7) If a workman refuses to accept a charge-sheet, order or other communication served in accordance with these Standing Orders, and provided that he has been asked to accept the charge-sheet in the presence of at least two witnesses he shall be told verbally the time and place at which the enquiry into his alleged misconduct is to be held and if he refuses or fails to attend at that time, the enquiry shall be concluded ex-parte and the punishment awarded shall take account of misconduct under Standing Order 24 thus committed.

[16]["(8) Notwithstanding anything contained in the foregoing provisions, an employee against whom disciplinary proceedings is contemplated or has been initiated or has been charge sheeted irrespective of whether employee is under suspension or not, shall be allowed to retire on attaining the age of superannuation and the employer shall have the right to initiate or continue the disciplinary proceedings. However such proceedings shall not be initiated or continued beyond four years after the date of retirement. The payment of gratuity and other terminal benefits shall be with held during the pendency of such proceedings and the same shall be dealt with in accordance with the final order that shall be issued on completion of the proceedings."]

(26) A workman may be warned or censured, or subject to and in accordance with the provisions of the Payment of Wages Act, 1936, fined for any of the following acts and omissions.

(a) absence without leave without sufficient cause;

(b) late attendance;

(d) neglect of work;

(e) absence without leave or without sufficient cause from the appointed place of work;

(f) entering or leaving or attempting to enter or leave the premises of the establishment except by a gate or entrance appointed;

(g) committing nuisance on the premises of the establishment;

(h) breach of any rule or instruction for maintenance or running of any department.

(27) The age for retirement or superannuation of the workman may be sixty years or such other age as may be agreed upon between the employer and the workmen by any agreement, settlement or award, which may be binding on the employer and the workmen under any law for the time being in force.

(28) (1) Any workman desirous of the redress of a grievance arising out of his employment or relating to unfair treatment or wrongful exaction on the part of a superior shall, either himself or through a trade union of which he is a member, submit a complaint to the Manager or any officer appointed by the Manager in this behalf.

(2) The Manager or any such officer shall personally investigate the complaint at such times and places as he may fix. The workman and

(i) any other workman of his choice, or

(ii) where the complaint is made through a trade union, a member of the union,

shall have the right to be present at such investigation and where the complainant alleges unfair treatment or wrongful exaction on the part of a superior, a copy of the order finally made by the Manager shall be supplied to the complainant if he asks for one. In other cases the decision of the investigation officer and the action, if any, taken thereon by the Manager shall be intimated to the complainant :

Provided that complaints relating to assault or abuse by any persons holding a supervisory position or refusal of an application for urgent leave shall be enquired into immediately by the Manager or such other officers as he may appoint.

(29) The decision of the Manager upon any question arising out of, in connection with, or incidental to these Standing Orders shall be subject to an appeal to the ...............................[17]managing agent.

(30) Every workman other than a casual workman who leaves service or retires, or is dismissed or discharged shall without avoidable delay be given a service certificate if he asks for one.

(31) (a) Notices to be exhibited or given under these Standing Orders shall be in English and also in the principal regional language of the district in which the establishment is situated.

(b) (i) Any notice, order, charge-sheet, communication or intimation which is personal, i.e., is meant for an individual workman and is given in writing under these Standing Orders, shall be in the language understood by the workman concerned.

(ii) Before such a notice, order, charge-sheet, communication or intimation is handed over to the workman it shall be read out and explained to him if he so desires.

(32) Nothing contained in these Standing Orders shall operate in derogation of any law for the time being in force or to the prejudice of any right under a contract of service, custom or usage or an agreement, settlement or award applicable to the establishment.

B. For workmen employed on clerical or supervisory work

(1) These Orders shall apply to all workmen employed in the establishment to do clerical or supervisory work.

(2) In these Orders unless the context requires otherwise-

(a) 'Workman' means a workman employed to do clerical or supervisory work;

(b) 'The establishment' means[18]...........................................;

(c) 'Manager' means the person for the time being managing the establishment, and includes any other officer duly authorised by the employer to act as Manager on his behalf such authorisation being notified to the workmen by displaying it on the notice board of the establishment.

(3) (1) Workmen shall be classified as

(a) permanent workmen;

(b) probationers;

[19]["(bb) fixed term employment;";]

(d) temporary workmen; and

(e) part-time workmen.

(2) (a) 'permanent workman' means a workman who has been appointed on a permanent basis or whose appointment has been confirmed in writing by the Manager or any other officer authorised in that behalf and includes a workman who has completed a probationary period of three months in the aggregate in the same or another clerical or supervisory post in the establishment, whether or not he may be acting in a supervisory post;

(b) 'probationer' means a workman who is provisionally employed to fill a permanent vacancy or post and who has not completed three months' service in the aggregate in a clerical or supervisory post in the establishment;

(c) 'temporary workman' means a workman who has been appointed for a limited period for work which is of an essentially temporary nature, or who is employed temporarily as an additional workman in connection with temporary increase in work of a permanent nature and includes a workman who is appointed in a temporary vacancy of a permanent workman or probationer;

(d) 'part-time workman' means a workman who is employed to do work for less than the normal period of working hours.

[20]["(e) A 'fixed term employment' workman is a workman 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 workman, he shall also be eligible for all statutory benefits available to a permanent workman 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.";

[21][3.A (1) Every workmen shall be furnished with an identity card in the following proforma given in the table below:-

Provided that it shall not be necessary to furnish such identity card to any workmen to whom an identity card containing simolar particulars and information is furnished under any other law applicable to him.

TABLE

Identity Card

(a) The name and address of the establishment

(b) The full name and address of the workman

(d) The date of joining the service in the establishment.

(e) Recent passport size photograph of the workman.

Date if issue ......

Signature of the employer or his authorised agent

(2) If any workman loses his identity card, a duplicate card shall be furnished to him by the employer or by other person authorised by him in this behalf, immediately on production of a recent passport size photograph by the workman for fixing on it, free of charge.

(3) No workman shall be allowed or required to work in any other establishment unless he possesses an identity card furnished under clause (1) or (3) of this order]

(4) Every workman at the time of his appointment, confirmation, promotion or re-classification shall be given a written order specifying his appointment, confirmation, promotion or re-classification, as the case may be, and signed by the Manager.

(5) (a) Notices showing the periods and hours of work for every class and group of workmen in the establishment and for each shift shall be displayed on notice boards maintained for the purpose in the departments concerned, at the time-keeper's office or at or near the main entrance of the establishment.

(b) Any workman required to work for a different period shall be notified to that effect at the latest on the day previous to that on which he is required to work for such different period.

(6) (1) Notices specifying (i) the weekly holiday, (ii) the dates on which compensatory holidays, if any, will be allowed, and (iii) the days on which wages are to be paid, shall be displayed on the notice boards maintained for purpose at the time-keeper's office or at or near the main entrance of the establishment.

(2) Any workman required to work on a weekly holiday in accordance with law shall be personally notified to that effect in advance. The workman deprived of any of the holidays notified under clause (1) as a result of his working on such holidays shall be allowed, as soon as circumstances permit and at the discretion of the Manager, compensatory holidays equal in number to the holidays so lost.

(7) A register specifying basic starting salary, grades and scales of pay, if any, for each class of workman and for each class of work shall be maintained and be open to inspection on two working days in each month to be notified by the Manager.

(8) (1) (a) More than one shift may be worked in a department or section of a department at the discretion of the Manager.

(b) If more than one shift is worked in the establishment the workman shall be liable to be transferred from one shift to another.

(c) Whenever an additional shift is started or shifts are altered or discontinued, fifteen days' notice shall be given, but if as a result of the discontinuance of the shift any permanent workman is likely to be discharged, a notice of two months will be given.

(d) If as a result of discontinuance of shift working any permanent workmen are likely to be discharged, they shall be discharged having regard to the length of their service in the establishment and the department and the occupation concerned, those with the shortest term of service being discharged first.

(e) On restarting a shift, notice thereof shall be given either in a newspaper having wide local circulation or by letters to individual workmen concerned; and the workmen discharged as a result of the discontinuance of the shift shall, if they present themselves within seven days of the publication of the notice or the posting of the letters, be given preference for employment according to their length of service in the establishment and the department and the occupation concerned.

(2) The Manager may close down any department or section of a department after giving one month's notice to the workmen. Before reopening such department or section, as the case may be, seven days' notice thereof shall be given either in a newspaper having wide local circulation or by letters to individual workmen concerned.

(3) The Manager may close down the whole establishment after giving three months' notice to the workmen. Seven days' public notice of the restarting of the establishment shall be given either in a newspaper having wide local circulation or by letters to individual workmen concerned.

(4) Notices of-

(i) starting, restarting, alteration and discontinuance of shift working,

(ii) the closure and reopening of a department or section of a department, and

(iii) the closure and reopening of the establishment, shall be displayed in the time-keeper's office or at the main entrance to the establishment and at the gate or gates appointed under Standing Order 18, and in the case of a department or section, also in the department concerned.

(5) On the reopening of a department or section or the establishment, as the case may be, preference for employment will be given to the workmen whose services were terminated on account of the closure according to the length of their service in the establishment and the department and the occupation concerned, provided that they present themselves for service at the latest by the day of the reopening.

(9) (1) All workmen shall be at work in the establishment at the time fixed and notified. Workmen attending late shall be liable to be shut out and treated as absent :

Provided that no workman who attends within 15 minutes of the starting time shall be shut out.

(2) Any workman who is found absent from his proper place of work during working hours without permission or without sufficient reason shall be liable to be treated as absent for the period of his absence.

(10) Subject to the provisions of clause (1) of the Standing Order 11,

(a) weekly holidays and compensatory holidays, where admissible, shall be allowed on full wages (including admissible allowance);

(b) leave with wages and allowances shall be granted to all workmen in accordance with the law applicable to the establishment in which such workmen are employed or any agreement, settlement or award for the time being in force or the contract of service or any custom or usage of the establishment.[22]

(11) (1) Grant of leave to a workman shall depend on the exigencies of the establishment and shall be at the discretion of the Manager.

(2) The Manager may require a workman applying for sick leave to produce a medical certificate in support of his application from a registered medical practitioner, a registered "vaid" or a registered "hakim" and where practicable may require the applicant to be examined by the medical officer appointed for the purpose.

(12) Sick leave, if due, shall be granted in continuation of maternity leave for female workers subject to the provisions of clause (2) of Standing Order 11.

(13) Leave without pay may at the discretion of the Manager in special circumstances be granted to a workman when no other leave of any kind is due.

(14) Subject to the provisions of the Factories Act, 1948, all holidays, including the weekly holidays, falling within the period of any kind of leave shall be treated as leave.

(15) (1) A workman who desires to obtain leave of absence other than casual leave or sick leave, shall apply in writing to the Manager or any officer appointed for the purpose by the Manager. Such application for leave shall normally be made at least one month before the date from which the leave is to commence, except in urgent cases or unforeseen circumstances when it is not possible to do so.

(2) If a workman after proceeding on leave desires an extension thereof, he shall make an application in writing to the Manager. A written reply either of the grant or refusal of extension of leave shall be sent to him at the address given by him if such reply is either of the grant or refusal of extension of leave shall be sent to him at the address given by him if such reply is likely to reach him before the expiry of the leave originally granted to him.

(16) [23](1) Every workman shall be entitled to ten days casual leave in aggregate with or without pay.

(2) Casual leave shall be non-cumulative and no leave of any kind may be combined with casual leave.

(4) Holidays declared by the establishment and weekly holidays may be prefixed or suffixed to casual leave.

[24](5) Ordinarily, the previous permission of the Manager or of the head of the department shall be obtained before taking such leave, when this is not possible, the Manager or the head of the department shall, as soon as may be practicable, be informed in writing or orally through any person of the absence from work and of the probable duration of such absence.

(17) A record shall be maintained in a register of all leave of absence which is sanctioned, refused or postponed, and reasons for refusal or postponement shall in every case be entered therein. The record shall be open to inspection by the workmen concerned.

(18) No workman shall enter or leave the premises of the establishment except by the entrances appointed for the purpose.

(19) (1) any workman may, when leaving the premises of the establishment, be searched at the point of exit by an officer appointed for the purpose by the Manager.

(2) Any female worker may be detained by such officer for search by a female searcher, if acting without malice he suspect that she is in wrongful possession of property belonging to the establishment.

(3) Every search shall be conducted in the presence of not less than two persons, and a female worker shall not be searched in the presence of any male person, except with her consent.

(4) Subject to the provisions of the above clauses, any member of a Works Committee constituted under the provisions of the Industrial Disputes Act, 1947, may be present at a search made under this Standing Order.

[25](19-A) (1) In the event of any fire, catastrophe, breakdown of machinery, stoppage of power supply, an epidemic, civil commotion or other cause beyond the control of the Manager, the Manager may, at any time without notice or compensation in lieu of notice stop any machine or department wholly or partially or the whole or part of the establishment for a reasonable period.

(2) In the event of a stoppage under clause (1) during working hours, the workmen affected shall be notified, as soon as practicable, when work will be resumed and whether they are to remain or leave the establishment, The period of detention in the establishment shall not ordinarily exceed one hour after the commencement of the stoppage. If the period of detention does not exceed one hour, workmen so detained shall not be paid for such period. If the period of detention in the establishment exceeds one hour, workmen so detained shall be entitled to receive wages (including all allowances) for the whole of the time during which they are detained in the establishment as a result of the stoppage. In the case of piece rate workmen the average daily earnings for the previous month shall be taken to be the daily wages.

(3) Wherever practicable, reasonable notice shall be given of the resumption of normal work, and all such workmen laid off under this Standing Order who present themselves for work when work is resumed shall be given preference for employment.

(4) All notices required to be given under this Standing Order shall be displayed on notice boards at the time-keeper's office and at the main entrance to the establishment. Where a notice pertains to a particular department or departments only, it shall also be displayed in the department concerned.

(19-B) In cases where workmen are laid off under Standing Order 19-A, they shall be considered as temporarily unemployed and the period of such unemployment shall be treated as leave with pay to the extent such leave is admissible and leave without pay for the balance of the period. When, however, workmen have to be laid off for an indefinite period exceeding two months, their services may be terminated after giving them due notice or pay in lieu thereof.

(19-C) Workmen may be laid off due to shortage of orders, temporary curtailment of production or similar reasons and consequent stoppage of any machine or department, for a period not exceeding six days in the aggregate (excluding statutory holidays), in any month provided that seven days' notice is given. A workman laid off under this Standing Order for more than five days in a month may, on being laid off, leave his employment on intimation of his intention to do so.

(19-D) Notwithstanding anything contained in Standing Orders 19A, 19B and 19C, the rights and liabilities of employers and workmen in so far as they relate to lay off shall be determined in accordance with the provisions of Chapter V-A of the Industrial Disputes Act, 1947 :

Provided that nothing contained in the said Chapter shall have effect to derogate from any right which a workman has under the Minimum Wages Act, 1948, or any notification or order issued thereunder or any award for the time being in operation or any contract with the employer.

(19-E) The Manager 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 as well as any other sections or departments affected by such closing down. The fact of such closure shall as soon as practicable, be notified by notice displayed on the notice boards in the departments concerned, at the gate or gates appointed under Standing Order 18, and in the time-keeper's office or at or near the main entrance of the establishment. The workmen notices of closure mentioned above are to be displayed, prior to the resumption of work as to when work will be resumed.

(20) In the event of the closure of the establishment or a department or part thereof, if the services of a permanent workman are dispensed with, he shall when the establishment or part thereof, as the case may be, is restarted be given an opportunity to serve in a post substantially similar in pay and status to the post he was holding at the time of the closure, provided he reports for duty within the time specified in the relevant Standing Order governing the restarting in question.

(21) (1) The employment of a permanent workman may be terminated by one month's notice or on payment of one month's wages (including all allowances) in lieu of notice.

(2) The reasons for the termination of service of permanent work man shall be recorded in writing and shall be communicated to him, if he so desires, at the time of discharge, unless such communication, in the opinion of the Manager, is likely directly or indirectly to lay any person open to civil or criminal proceedings at the instance of the workman.

(3) Any permanent workman desirous of leaving service shall give one month's notice in writing to the Manager. He shall, when he leaves the service, be given an order of relief signed by the Manager.

(4) If any permanent workman leaves the service without giving notice[26], no deduction on that account shall be made from his wages but he shall be liable to be sued for damages.

(5) All classes of workmen other than those appointed on a permanent basis may leave their services; or their services may be terminated without notice or pay in lieu of notice, provided that 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 Standing Order 23.

(6) Where the employment of any workman is terminated, the wages earned by him shall be paid to him before the expiry of the second working day from the day on which his employment is terminated. In the case of workman leaving the service the payment of the wages earned by him shall be made within seven days from the date on which he leaves the service. All other sums due to a workman shall be paid before the expiry of one month from the date of termination of his services or from the date he leaves the service.

(7) An order relating to discharge or termination of service shall be in writing and shall be supplied to the workman concerned. In cases of general retrenchment, closing down, strike or lock-out no such orders may be given.

[27]["(8) Subject to the provisions of the Industrial Disputes Act, 1947 (XIV of 1947), no temporary workman whether monthly rated or weekly rated or piece rated, and no probationer or badli or fixed term employment workman as a result of non-renewal of contract of employment or on its expiry, shall be entitled to any notice or pay in lieu thereof, if his services are terminated, but the service 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 23, sub-paragraph (4)."]

(22) Any of the following acts or omissions on the part of workman shall amount to misconduct.

(a) wilful insubordination or disobedience, whether or not in combination with another, of any lawful and reasonable order of a superior;

(b) going on an illegal strike or abetting, inciting, instigating or acting in furtherance thereof;

(d) theft, fraud, or dishonesty in connection with the employer's business or property; or [28]the theft of property of another workman within the premises of the establishment;

(e) taking or giving bribes or any illegal gratification;

(f) habitual absence without leave or absence without leave for more then ten consecutive days or overstaying the sanctioned leave without sufficient grounds or proper or satisfactory explanation;