Dear Freinds,
I am posting Model Standing Orders. If you have not drafted your service rule, you may pls take help of this Act as below:
PREAMBLE
[20 OF 1946]
An Act to require employers in industrial establishments formally to define conditions of employment under them. Whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them; It is hereby enacted as follows :-
1. SHORT TITLE, EXTENT AND APPLICATION. -
(1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to the whole of India.
(3) It applies to every industrial establishment wherein one hundred or more workmen or employed, or were employed on any day of the preceding twelve months : Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification :
(4) Nothing in this Act shall apply to - (i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 (11 of 1947), apply; or
(ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (26 of 1961) apply:
Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (26 of 1961), the provisions of this Act shall apply to all industrial establishments under the control of the Central Government.
2. INTERPRETATION. -
In this Act, unless there is anything repugnant in the subject or context, - (a) "appellate authority" means an authority appointed by the appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act : Provided that in relation to an appeal pending before an Industrial Court or other authority immediately before the commencement of the Industrial Employment (Standing Orders) Amendment Act, 1963 (39 of 1963), that Court or authority shall be deemed to be the appellate authority;
(b) "appropriate Government" means in respect of industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oilfield, the Central Government, and in all other cases, the State Government :
Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties;
(c) "Certifying Officer" means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act;
(d) "employer" means the owner of an industrial establishment to which this Act for the time being applies, and includes - (i) in a factory, any person named under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948), as manager of the factory;
(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;
(e) "industrial establishment" means - (i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or
(ii) a factory as defined in clause
(m) of section 2 of the Factories Act, 1948 (63 of 1948), or
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;
(f) "prescribed" means prescribed by rules made by the appropriate Government under this Act;
(g) "Standing orders" means rules relating to matters set out in the Schedule;
(h) "trade union" means a trade union for the time being registered under the Indian Trade Unions Act, 1926 (16 of 1926);
(i) "wages" and "workman" have the meanings respectively assigned to them in clauses (rr) and (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947).
3. SUBMISSION OF DRAFT STANDING ORDERS. -
(1) Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in his industrial establishment.
(2) Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where model standing orders have been prescribed, shall be, so far as is practicable, in conformity with such model.
(3) The draft standing orders submitted under this section shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong.
(4) Subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may submit a joint draft of standing orders under this section
4. CONDITIONS FOR CERTIFICATION OF STANDING ORDERS. -
Standing orders shall be certifiable under this Act if -
(a) provision is made therein for every matter set out in the Schedule which is applicable to the industrial establishment, and
(b) the standing orders are otherwise in conformity with the provisions of this Act; and it shall be the function of the Certifying Officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing orders.
5. CERTIFICATION OF STANDING ORDERS. -
(1) On receipt of the draft under section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.
(2) After giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft Standing Orders certifiable under this Act, and shall make an order in writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen.
6. APPEALS. -
(1) Any employer, workman, trade union or other prescribed representatives of the workmen aggrieved by the order of the Certifying Officer under sub-section (2) of section 5 may, within thirty days from the date on which copies are sent under sub-section (3) of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing orders certifiable under this Act.
(2) The appellate authority shall, within seven days of its order under sub-section (1), send copies thereof of the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying Officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner.
7. DATE OF OPERATION OF STANDING ORDERS. -
Standing orders shall, unless an appeal is preferred under section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (3) of section 5, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority, are sent under sub-section (2) of section 6.
8. REGISTER OF STANDING ORDERS. -
A copy of all standing orders as finally certified under this Act shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose, and the Certifying Officer shall furnish a copy thereof to any person applying therefor on payment of the prescribed fee.
9. POSTING OF STANDING ORDERS. - The text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed.
10. DURATION AND MODIFICATION OF STANDING ORDERS. -
(1) Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen, or a trade union or other representative body of the workmen, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation.
(2) Subject to the provisions of sub-section (1), an employer or workman or a trade union or other representative body of the workmen may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workman or a trade union or other representative body of the workmen, a certified copy of that agreement shall be filed along with the application.
(3) The foregoing provisions of this Act shall apply in respect of an application under sub-section (2) as they apply to the certification of the first standing orders.
(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
10A. PAYMENT OF SUBSISTENCE ALLOWANCE. -
(1) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance - (a) at the rate of fifty per cent. of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent. of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.
11. CERTIFYING OFFICERS AND APPELLATE AUTHORITIES TO HAVE POWERS OF CIVIL COURT. -
(1) Every Certifying Officer and appellate authority shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be deemed to be a Civil Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Clerical or arithmetical mistakes in any order passed by a Certifying Officer or appellate authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by that Officer or authority or the successor in office of such Officer or authority, as the case may be.
12. ORAL EVIDENCE IN CONTRADICTION OF STANDING ORDERS NOT ADMISSIBLE. -
No oral evidence having the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this Act shall be admitted in any Court.
12A. TEMPORARY APPLICATION OF MODEL STANDING ORDERS. -
(1) Notwithstanding anything contained in sections 3 to 12, for the period commencing on the date on which this Act becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under this Act come into operation under section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of section 9, sub-section (2) of section 13 and section 13A shall apply to such model standing orders as they apply to the standing orders so certified.
(2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
13. PENALTIES AND PROCEDURE. -
(1) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.
(2) An employer who does any act in contravention of the standing orders finally certified under this Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.
(3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.
(4) No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the second class shall try any offence under this section.
13A. INTERPRETATION, ETC., OF STANDING ORDERS. -
If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman or a trade union or other representative body of the workmen may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties.
13B. ACT NOT TO APPLY TO CERTAIN INDUSTRIAL ESTABLISHMENTS. -
Nothing in this Act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Services) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.
13A. INTERPRETATION, ETC., OF STANDING ORDERS. -
If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman or a trade union or other representative body of the workmen may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties
13B. ACT NOT TO APPLY TO CERTAIN INDUSTRIAL ESTABLISHMENTS. -
Nothing in this Act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Services) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.
14. POWER TO EXEMPT. -
The appropriate Government may by notification in the Official Gazette exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Act.
14A. DELEGATION OF POWERS. -
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or any rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also - (a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification;
(b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
15. POWER TO MAKE RULES. -
(1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may - (a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;
(b) set out model standing orders for the purposes of this Act;
(c) prescribe the procedure of Certifying Officers and appellate authorities;
(d) prescribe the fee which may be charged for copies of standing order entered in the register of standing orders;
(e) provide for any other matter which is to be or may be prescribed : Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.
(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or he of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
THE SCHEDULE
[See sections 2(g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER THIS ACT.
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlies.
2. Manner of intimating to workmen periods and hours of work, holidays, paydays and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of procedure in applying for, and the authority which may grant leave and holidays.
6. Requirement to enter premises by certain gates, and liability to search.
7. Closing and reopening of sections of the industrial establishment, and temporary stoppages of work and the rights and liabilities of the employer and workmen arising therefrom.
8. Termination of employment, and the notice thereof to be given by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.
INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
CENTRAL RULES, 1946Notification No. L.R. 11 (37), date the 18th
December, 1946
In exercise of the powers conferred by Section 15, read with clause (b) of Section 2 of the Industrial employment (Standing Orders) Act, 1946 (XX of 1946), the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said Section 15, namely :
1.
(1)These rules may be called the Industrial Employment (Standing Orders) Central Rules, 1946,
(2) They extend to all Union territories, and shall also apply in any State (other than a Union territory) to industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oilfield].
2. In these rules, unless there is anything repugnant in the subject or context :
(a)‘Act’ means the Industrial Employment (standing Orders) Act, 1946 (XX of 1946);
(b)‘Form’ means a form set out in Schedule II appended to these rules.
2-A.In the Schedule to the Act, after Item 10, the following additional matters which shall be applicable to industrial establishments in coal mines only, shall be inserted ,namely :-
“10-A.Additional matters to be provided in Standing Orders relating to industrial establishments in coal mines :-
(1) Medical aid in case of accident.
(2) Railway travel facilities.
(3) Method of filling vacancies.
(4) Transfers.
(5) Liability of manager of the establishment or mine.
(6) Service certificate.
(7) Exhibition and supply of Standing Orders.”]
3.(1)Save as other wise provided in sub-rule
(2), the Model Standing Orders for the purposes of the Act shall be those set out in Schedule I appended to these rules.
(2)The Model Standing Orders for the purposes of the Act in respect of industrial establishment in coal mines shall be those set out in Schedule I- A appended to these rules.
4.An application for certification of standing orders shall be made in Form I.
5.
The prescribed particulars of workmen for purposes of sub-section (3) of Section 3 of the Act shall be-
(1) total number employed,
(2) number of permanent workmen,
(3) number of temporary workmen,
(3-A) number of casual Workmen,]
(4) number of badlis or substitutes,
(5) number of probationers,
(6) number of apprentices,
(7) name of the trade union, or trade unions, if any, to which the
workmen belong,
(8) remarks.
6.As soon as may be after he receives an application under Rule 4 in respect of an industrial establishment, the Certifying Officer shall-
(a)Where there is a trade union of the workmen, forward a copy of the draft standing orders to the trade union together with a notice in Form II;
(b)where there is no such trade union, call a meeting of the workmen to elect three representatives, to whom he shall, upon their election, forward a copy of the draft standing orders together with a notice in Form II.
7.Standing orders certified in pursuance of sub-section (3) of Section 5 or sub-section (2) of Section 6 of the Act shall be authenticated by the signature and seal of office of the Certifying Officer or the appellate authority as the case maybe, and shall be forwarded by such officer or authority within a week of authentication by registered letter post to the employer and to the trade union, or, as the case may be, the representatives of the workmen elected in pursuance of Rule. 6.
7-A.(1) Any person desiring to prefer an appeal in pursuance of sub-section (1) of Section 6 of the Act shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments or modifications, as the case may be. [The memorandum of appeal shall be in Form IV set out in Schedule II to these rules.]
(2)The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the Certifying Officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
(3)Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing or 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 clause (b) of Rule 6, or as the case may be, to the employer ;
(b)where the appeal is filed by a trade union, to the employer and all other trade unions of the workmen of the industrial establishment ;
(c)where the appeal is filed by the representatives of the workmen, to the employer and any other workmen whom the appellate authority joins as a party to the appeal.
(4)The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
(5)The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal.
(6)On the date fixed under sub-rule[ (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.]
8.The register required to be maintained by Section 8 of the Act shall be in Form III and shall be properly bound, and the Certifying Officer shall furnish a copy of standing orders approved for an industrial establishment to any person applying there for on payment [calculated at all following rates per copy-
(i)for the first two hundred words or less, seventy-five paisa ;
(ii)for every additional one hundred words or fraction thereof, thirty-seven paisa :
Provided that, where the said standing orders exceeds five pages, the approximate number of words per page shall be taken as the basis for calculating the total number of words to the nearest hundred, for the purpose of assessing the copying fee.]
SCHEDULE I
[MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING
INDUSTRIAL ESTABLISHMENTS IN COAL MINES]
1.These orders shall come into force on.............
2.Classification of workmen.--(a) Workmen shall be classified as --
(1) permanent,
(2) Probationers,
(3) badlis,
(4) temporary,
(5) casual,
(6) apprentices.
(b) A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.
(c) A “probationer” is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of three months, be reverted to his old permanent post.
(d) A “badli” is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.
(e) A “temporary workman” is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.
(f) A “casual workman” is a workman whose employment is of a casual nature.
(g) An “apprentice” is a learner who is paid an allowance during the period of his training.
3.Tickets.--
(1) Every workman shall be given a permanent ticket
unless he is a probationer, badli, temporary worker or apprentice.
(2)Every permanent workman shall be provided with a departmental ticket showing his number, and shall, on being required to do so, show it to any person authorized by the manager to inspect it.
(3)Every badli shall be provided with the badli card on which shall be entered the days on which he has worked in the establishment, and which shall be surrendered if he obtains permanent employment.
(4)Every temporary workman shall be provided with a ‘temporary’ ticket which he shall surrender on his discharge.
(5)Every casual worker shall be provided with a “casual” card, on which shall be entered the days on which he has worked in the establishment.
(6)Every apprentice shall be provided with an ‘apprentice’ card, which shall be surrendered if he obtains permanent employment.
4.Publication of working time.--
The periods and hours of work for all classes of workers in each shift shall be exhibited in English and in the principal languages of workman 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.
5.Publication of holidays and pay-days.—
Notices specifying (a) the days observed by the establishment as holidays, and (b) pay-days shall be pasted on the said notice-boards.
6.Publication of wage rates.—
Notices’ specifying the rates of wages payable to all classes of workman and for all classes of work shall be displayed on the said notice-boards.
7.Shift working.--
More than one shift may be worked in a department or departments or any section of a department of the establishment at the discretion of the employer. If more than one shift is worked, the workmen shall be liable to be transferred from one shift to another. No shift working shall be discontinued without two months’ notice being given in writing to the workmen prior to such discontinuance; provided that no such notice shall be necessary if the closing of the shift is under agreement with the workmen affected. If as a result of the discontinuance of the shift working, any workmen are to be retrenched, such retrenchment shall be effected, in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of 1947) ,and the rules made there under. 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.
7-A.Notice of changes in shift working.--
Any notice of discontinuance or of re-starting of a shift working required by Standing Order 7 shall be in the form appended to these orders and shall be served in the following manner, namely :
The notice shall be displayed conspicuously by the employer on a notice-board at the main entrance to the establishment [*****] :
Provided that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the Secretary of such union.]
8.Attendance and late coming.--
All workmen shall be at work at the time fixed and notified under Paragraph 4. Workmen attending late will be liable to the deductions provided for in the Payment of Wages Act, 1936.
NOTE.- All workmen shall have to do the work in establishment at the time fixed and notified under Para 4. There is a provision for deduction in the payment if some one becomes late according to the Payment of Wages Act. 1936.
9.Leave.--
(1) Holidays with pay will be allowed as provided for in [Chapter VIII of the Factories Act, 1948], and other holidays in accordance with law, contract, custom and usage.
(2)A workman who desires to obtain leave of absence shall apply to the [employer or any other officer of the industrial establishment specified in this behalf by the employer], who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or post postponement and the reasons there for 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 12[employer or the officer specified in this behalf by the employer] who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.
(3)If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave and (b) explains to the satisfaction of the 12[employer or the officer specified in this behalf by the employer], his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall been titled to be kept on the badly list.
10.Casual leave.--
A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.
11.Payment of wages.--
(1) Any wages, due to the workmen but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice-boards as aforesaid.
(2)All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable, according as the total number of workmen employed in the establishment does not or does exceed one thousand.
12.Stoppage of work.--
(1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery or stoppage of power-supply, epidemics, civil commotion or other cause beyond his control, stop any section or sections of the establishment, wholly or partially for any period or periods without notice.
(2)In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice-board in the department concerned, [and at the office of the employer and at the time-keeper’s office, if any], as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the workmen so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In the case of piece-rate workers, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppage. Whenever particable, reasonable notice shall be given of resumption of normal work.
(3)In case where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without pay, as the case may be. When, however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof.
(4)The employer may in the event of a strike affecting either wholly or partially any section or department of the establishment close down either wholly or partially such section or department and any other section or department affected by such closing down. The fact of such closure shall be notified by notices put on the notice-board in the section or department concerned and in the time-keeper’s office, if any, as soon as practicable. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.
13.Termination of employment.--
(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2)No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3)Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
14.Disciplinary action for misconduct.--
(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ..............................
Note.--Specify the acts and omissions which the employer may notify with the previous approval of the ......................Government or of the prescribed authority in pursuance of section 8 of the Payment of Wages Act, 1936.
(2)A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.
(3)The following acts and omissions shall be treated as misconduct.
(a)wilful in subordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior,
(b)theft, fraud or dishonesty in connection with the employer’s business or property,
(c) willful damage to or loss of employer’s goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behaviors during working hours at the establishment or any act subversive of discipline,
(i) habitual negligence or neglect of work,
(j)frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month.
(k) striking work or inciting others to strike work in contravention of the provision of any law, or rule having the force of law.
(4)(a)Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from the date of suspension.
(b)A workman who is placed under suspension under Cl. (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:
(i ) Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workmen would have been entitled if he were on leave with wages. It the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages dearness allowance and other compensatory allowances:
Provided that where such enquiry 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 one-fourth of such basic wages, dearness allowance and other compensatory allowances.
(ii) Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he was on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days , the subsistence allowance shall for such period be equal to three-fourths of such wages:
Provided that where such enquiry or criminal proceeding 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 one-fourth of such wages.
(b-a)n the enquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member.
(b-b)The proceedings of the enquiry shall be recorded in Hindi or in English , the language of the State where the industrial establishment is located, whichever is preferred by the workman.
(b-c)The proceedings of the inquiry shall be completed within a period of three months :
Provided that the period of three months may, for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the inquiry officer.]
(c) If on the conclusion of the enquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:
Provided that when an order of dismissal is passed under this clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered :
Provided further that where the period between the date on which the workman was suspended from duty pending the inquiry or investigation or trial and the date on which an order or suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period :
Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:
Provided also that in the case of a workman to whom the provisions of clause (2) of Article 311 of the Constitution apply, the provisions of that article shall be complied with.
(d)If on the conclusion of the inquiry, or as the case may be, or the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.
(e)The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.]
(5) In awarding punishment under this standing order, the [authority imposing the punishment]shall take into account any gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that may exist. A copy of the order passed by the 17[authority imposing the punishment] shall be supplied to the workman concerned.
(6)(a) A workman aggrieved by an order imposing punishment may within twenty-one days from the date of receipt of the order, appeal to the appellate authority.
(b) The employer shall, for the purposes of Cl. (a) specify the appellate authority.
(c ) The appellate authority, after giving an opportunity to the workman of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the workman in writing.]
15.Complaints.--
All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.
16.Certificate on termination of service.--
Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17.Liability of 17[employer].--
The [employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
17-A.(1) Any person desiring to prefer an appeal in pursuance of sub-section(1) of Section 6 of the Act shall draw up a memorandum of appeal setting out the ground of appeal and forward it in quintuplicate to the appellate authority accompanied by a Certified copy of the standing orders, amendments or modifications, as the case may be.
(2)The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the certifying officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
(3)Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing of the appeal and direct notice thereof to be given—
(a)where the appeal is filed by the employer or a workman, to trade unions of the workmen of the industrial establishments, and where there are no such trade unions to the representatives of workman elected under Cl. (b) of rule 6, or as the case may be, to the employer ;
(b)where the appeal is filed by a trade union to the employer and all other trade unions of the workmen of the industrial establishment ;
(c)where the appeal is filed by the representatives of the workmen, to the employer and any other workman whom the appellate authority joins as a property to the appeal.
(4)The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
(5)The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal.
(6)On the date fixed, under sub-rule (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.
18.Exhibition of standing orders.--
A copy of these orders in English and in Hindi shall be pasted at [*****] and on a notice-board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.
FORM
( See Standing Order 7-A)
Notice of discontinuance re-starting of a shift working to be given by an employer
Name of employer…………………………………………………………………………………….
Address………………………………………………………………………………………………..
Dated the…………………………………….day of………………………..19
In accordance with Standing Order No…………………………..of the standing order certified and approved in respect of my/our industrial establishment. I/we hereby give notice to all concerned that it is my our intention to discontinue re-start the shift working specified in the Annexure, with effect from………………………………
Signature……………………………..
Designation……………………………..
ANNEXURE
(Here specify the particulars of change in the shift working proposed to be effected.)
Copy forwarded to—
(1) The Secretary of Registered Trade Union, if any
(2) Conciliation Officer ( Central), (here enter office address of the Conciliation Officer in the local area concerned).
(3) Regional Labour Commissioner (Central)……………Zone.
(4) Chief Labour Commissioner (Central), New Delhi.
Regards
Sidheshwar
From India, Bangalore
31I am posting Model Standing Orders. If you have not drafted your service rule, you may pls take help of this Act as below:
PREAMBLE
[20 OF 1946]
An Act to require employers in industrial establishments formally to define conditions of employment under them. Whereas it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them; It is hereby enacted as follows :-
1. SHORT TITLE, EXTENT AND APPLICATION. -
(1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to the whole of India.
(3) It applies to every industrial establishment wherein one hundred or more workmen or employed, or were employed on any day of the preceding twelve months : Provided that the appropriate Government may, after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification :
(4) Nothing in this Act shall apply to - (i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 (11 of 1947), apply; or
(ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (26 of 1961) apply:
Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (26 of 1961), the provisions of this Act shall apply to all industrial establishments under the control of the Central Government.
2. INTERPRETATION. -
In this Act, unless there is anything repugnant in the subject or context, - (a) "appellate authority" means an authority appointed by the appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act : Provided that in relation to an appeal pending before an Industrial Court or other authority immediately before the commencement of the Industrial Employment (Standing Orders) Amendment Act, 1963 (39 of 1963), that Court or authority shall be deemed to be the appellate authority;
(b) "appropriate Government" means in respect of industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oilfield, the Central Government, and in all other cases, the State Government :
Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties;
(c) "Certifying Officer" means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act;
(d) "employer" means the owner of an industrial establishment to which this Act for the time being applies, and includes - (i) in a factory, any person named under clause (f) of sub-section (1) of section 7 of the Factories Act, 1948 (63 of 1948), as manager of the factory;
(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;
(e) "industrial establishment" means - (i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or
(ii) a factory as defined in clause
(m) of section 2 of the Factories Act, 1948 (63 of 1948), or
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;
(f) "prescribed" means prescribed by rules made by the appropriate Government under this Act;
(g) "Standing orders" means rules relating to matters set out in the Schedule;
(h) "trade union" means a trade union for the time being registered under the Indian Trade Unions Act, 1926 (16 of 1926);
(i) "wages" and "workman" have the meanings respectively assigned to them in clauses (rr) and (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947).
3. SUBMISSION OF DRAFT STANDING ORDERS. -
(1) Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in his industrial establishment.
(2) Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where model standing orders have been prescribed, shall be, so far as is practicable, in conformity with such model.
(3) The draft standing orders submitted under this section shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong.
(4) Subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may submit a joint draft of standing orders under this section
4. CONDITIONS FOR CERTIFICATION OF STANDING ORDERS. -
Standing orders shall be certifiable under this Act if -
(a) provision is made therein for every matter set out in the Schedule which is applicable to the industrial establishment, and
(b) the standing orders are otherwise in conformity with the provisions of this Act; and it shall be the function of the Certifying Officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing orders.
5. CERTIFICATION OF STANDING ORDERS. -
(1) On receipt of the draft under section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.
(2) After giving the employer and the trade union or such other representatives of the workmen as may be prescribed an opportunity of being heard, the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft Standing Orders certifiable under this Act, and shall make an order in writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen.
6. APPEALS. -
(1) Any employer, workman, trade union or other prescribed representatives of the workmen aggrieved by the order of the Certifying Officer under sub-section (2) of section 5 may, within thirty days from the date on which copies are sent under sub-section (3) of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing orders certifiable under this Act.
(2) The appellate authority shall, within seven days of its order under sub-section (1), send copies thereof of the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying Officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner.
7. DATE OF OPERATION OF STANDING ORDERS. -
Standing orders shall, unless an appeal is preferred under section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (3) of section 5, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority, are sent under sub-section (2) of section 6.
8. REGISTER OF STANDING ORDERS. -
A copy of all standing orders as finally certified under this Act shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose, and the Certifying Officer shall furnish a copy thereof to any person applying therefor on payment of the prescribed fee.
9. POSTING OF STANDING ORDERS. - The text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed.
10. DURATION AND MODIFICATION OF STANDING ORDERS. -
(1) Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen, or a trade union or other representative body of the workmen, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation.
(2) Subject to the provisions of sub-section (1), an employer or workman or a trade union or other representative body of the workmen may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workman or a trade union or other representative body of the workmen, a certified copy of that agreement shall be filed along with the application.
(3) The foregoing provisions of this Act shall apply in respect of an application under sub-section (2) as they apply to the certification of the first standing orders.
(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
10A. PAYMENT OF SUBSISTENCE ALLOWANCE. -
(1) Where any workman is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance - (a) at the rate of fifty per cent. of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent. of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1), the workman or the employer concerned may refer the dispute to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.
11. CERTIFYING OFFICERS AND APPELLATE AUTHORITIES TO HAVE POWERS OF CIVIL COURT. -
(1) Every Certifying Officer and appellate authority shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be deemed to be a Civil Court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Clerical or arithmetical mistakes in any order passed by a Certifying Officer or appellate authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by that Officer or authority or the successor in office of such Officer or authority, as the case may be.
12. ORAL EVIDENCE IN CONTRADICTION OF STANDING ORDERS NOT ADMISSIBLE. -
No oral evidence having the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this Act shall be admitted in any Court.
12A. TEMPORARY APPLICATION OF MODEL STANDING ORDERS. -
(1) Notwithstanding anything contained in sections 3 to 12, for the period commencing on the date on which this Act becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under this Act come into operation under section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of section 9, sub-section (2) of section 13 and section 13A shall apply to such model standing orders as they apply to the standing orders so certified.
(2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
13. PENALTIES AND PROCEDURE. -
(1) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.
(2) An employer who does any act in contravention of the standing orders finally certified under this Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.
(3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.
(4) No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the second class shall try any offence under this section.
13A. INTERPRETATION, ETC., OF STANDING ORDERS. -
If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman or a trade union or other representative body of the workmen may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties.
13B. ACT NOT TO APPLY TO CERTAIN INDUSTRIAL ESTABLISHMENTS. -
Nothing in this Act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Services) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.
13A. INTERPRETATION, ETC., OF STANDING ORDERS. -
If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman or a trade union or other representative body of the workmen may refer the question to any one of the Labour Courts constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such proceeding by the appropriate Government by notification in the Official Gazette, and the Labour Court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties
13B. ACT NOT TO APPLY TO CERTAIN INDUSTRIAL ESTABLISHMENTS. -
Nothing in this Act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Services) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette, apply.
14. POWER TO EXEMPT. -
The appropriate Government may by notification in the Official Gazette exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Act.
14A. DELEGATION OF POWERS. -
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or any rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also - (a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification;
(b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
15. POWER TO MAKE RULES. -
(1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may - (a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;
(b) set out model standing orders for the purposes of this Act;
(c) prescribe the procedure of Certifying Officers and appellate authorities;
(d) prescribe the fee which may be charged for copies of standing order entered in the register of standing orders;
(e) provide for any other matter which is to be or may be prescribed : Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.
(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or he of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
THE SCHEDULE
[See sections 2(g) and 3(2)]
MATTERS TO BE PROVIDED IN STANDING ORDERS UNDER THIS ACT.
1. Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlies.
2. Manner of intimating to workmen periods and hours of work, holidays, paydays and wage rates.
3. Shift working.
4. Attendance and late coming.
5. Conditions of procedure in applying for, and the authority which may grant leave and holidays.
6. Requirement to enter premises by certain gates, and liability to search.
7. Closing and reopening of sections of the industrial establishment, and temporary stoppages of work and the rights and liabilities of the employer and workmen arising therefrom.
8. Termination of employment, and the notice thereof to be given by employer and workmen.
9. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
10. Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
11. Any other matter which may be prescribed.
INDUSTRIAL EMPLOYMENT (STANDING ORDERS)
CENTRAL RULES, 1946Notification No. L.R. 11 (37), date the 18th
December, 1946
In exercise of the powers conferred by Section 15, read with clause (b) of Section 2 of the Industrial employment (Standing Orders) Act, 1946 (XX of 1946), the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said Section 15, namely :
1.
(1)These rules may be called the Industrial Employment (Standing Orders) Central Rules, 1946,
(2) They extend to all Union territories, and shall also apply in any State (other than a Union territory) to industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oilfield].
2. In these rules, unless there is anything repugnant in the subject or context :
(a)‘Act’ means the Industrial Employment (standing Orders) Act, 1946 (XX of 1946);
(b)‘Form’ means a form set out in Schedule II appended to these rules.
2-A.In the Schedule to the Act, after Item 10, the following additional matters which shall be applicable to industrial establishments in coal mines only, shall be inserted ,namely :-
“10-A.Additional matters to be provided in Standing Orders relating to industrial establishments in coal mines :-
(1) Medical aid in case of accident.
(2) Railway travel facilities.
(3) Method of filling vacancies.
(4) Transfers.
(5) Liability of manager of the establishment or mine.
(6) Service certificate.
(7) Exhibition and supply of Standing Orders.”]
3.(1)Save as other wise provided in sub-rule
(2), the Model Standing Orders for the purposes of the Act shall be those set out in Schedule I appended to these rules.
(2)The Model Standing Orders for the purposes of the Act in respect of industrial establishment in coal mines shall be those set out in Schedule I- A appended to these rules.
4.An application for certification of standing orders shall be made in Form I.
5.
The prescribed particulars of workmen for purposes of sub-section (3) of Section 3 of the Act shall be-
(1) total number employed,
(2) number of permanent workmen,
(3) number of temporary workmen,
(3-A) number of casual Workmen,]
(4) number of badlis or substitutes,
(5) number of probationers,
(6) number of apprentices,
(7) name of the trade union, or trade unions, if any, to which the
workmen belong,
(8) remarks.
6.As soon as may be after he receives an application under Rule 4 in respect of an industrial establishment, the Certifying Officer shall-
(a)Where there is a trade union of the workmen, forward a copy of the draft standing orders to the trade union together with a notice in Form II;
(b)where there is no such trade union, call a meeting of the workmen to elect three representatives, to whom he shall, upon their election, forward a copy of the draft standing orders together with a notice in Form II.
7.Standing orders certified in pursuance of sub-section (3) of Section 5 or sub-section (2) of Section 6 of the Act shall be authenticated by the signature and seal of office of the Certifying Officer or the appellate authority as the case maybe, and shall be forwarded by such officer or authority within a week of authentication by registered letter post to the employer and to the trade union, or, as the case may be, the representatives of the workmen elected in pursuance of Rule. 6.
7-A.(1) Any person desiring to prefer an appeal in pursuance of sub-section (1) of Section 6 of the Act shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments or modifications, as the case may be. [The memorandum of appeal shall be in Form IV set out in Schedule II to these rules.]
(2)The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the Certifying Officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
(3)Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing or 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 clause (b) of Rule 6, or as the case may be, to the employer ;
(b)where the appeal is filed by a trade union, to the employer and all other trade unions of the workmen of the industrial establishment ;
(c)where the appeal is filed by the representatives of the workmen, to the employer and any other workmen whom the appellate authority joins as a party to the appeal.
(4)The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
(5)The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal.
(6)On the date fixed under sub-rule[ (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.]
8.The register required to be maintained by Section 8 of the Act shall be in Form III and shall be properly bound, and the Certifying Officer shall furnish a copy of standing orders approved for an industrial establishment to any person applying there for on payment [calculated at all following rates per copy-
(i)for the first two hundred words or less, seventy-five paisa ;
(ii)for every additional one hundred words or fraction thereof, thirty-seven paisa :
Provided that, where the said standing orders exceeds five pages, the approximate number of words per page shall be taken as the basis for calculating the total number of words to the nearest hundred, for the purpose of assessing the copying fee.]
SCHEDULE I
[MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING
INDUSTRIAL ESTABLISHMENTS IN COAL MINES]
1.These orders shall come into force on.............
2.Classification of workmen.--(a) Workmen shall be classified as --
(1) permanent,
(2) Probationers,
(3) badlis,
(4) temporary,
(5) casual,
(6) apprentices.
(b) A “permanent workman” is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.
(c) A “probationer” is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of three months, be reverted to his old permanent post.
(d) A “badli” is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.
(e) A “temporary workman” is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.
(f) A “casual workman” is a workman whose employment is of a casual nature.
(g) An “apprentice” is a learner who is paid an allowance during the period of his training.
3.Tickets.--
(1) Every workman shall be given a permanent ticket
unless he is a probationer, badli, temporary worker or apprentice.
(2)Every permanent workman shall be provided with a departmental ticket showing his number, and shall, on being required to do so, show it to any person authorized by the manager to inspect it.
(3)Every badli shall be provided with the badli card on which shall be entered the days on which he has worked in the establishment, and which shall be surrendered if he obtains permanent employment.
(4)Every temporary workman shall be provided with a ‘temporary’ ticket which he shall surrender on his discharge.
(5)Every casual worker shall be provided with a “casual” card, on which shall be entered the days on which he has worked in the establishment.
(6)Every apprentice shall be provided with an ‘apprentice’ card, which shall be surrendered if he obtains permanent employment.
4.Publication of working time.--
The periods and hours of work for all classes of workers in each shift shall be exhibited in English and in the principal languages of workman 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.
5.Publication of holidays and pay-days.—
Notices specifying (a) the days observed by the establishment as holidays, and (b) pay-days shall be pasted on the said notice-boards.
6.Publication of wage rates.—
Notices’ specifying the rates of wages payable to all classes of workman and for all classes of work shall be displayed on the said notice-boards.
7.Shift working.--
More than one shift may be worked in a department or departments or any section of a department of the establishment at the discretion of the employer. If more than one shift is worked, the workmen shall be liable to be transferred from one shift to another. No shift working shall be discontinued without two months’ notice being given in writing to the workmen prior to such discontinuance; provided that no such notice shall be necessary if the closing of the shift is under agreement with the workmen affected. If as a result of the discontinuance of the shift working, any workmen are to be retrenched, such retrenchment shall be effected, in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of 1947) ,and the rules made there under. 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.
7-A.Notice of changes in shift working.--
Any notice of discontinuance or of re-starting of a shift working required by Standing Order 7 shall be in the form appended to these orders and shall be served in the following manner, namely :
The notice shall be displayed conspicuously by the employer on a notice-board at the main entrance to the establishment [*****] :
Provided that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the Secretary of such union.]
8.Attendance and late coming.--
All workmen shall be at work at the time fixed and notified under Paragraph 4. Workmen attending late will be liable to the deductions provided for in the Payment of Wages Act, 1936.
NOTE.- All workmen shall have to do the work in establishment at the time fixed and notified under Para 4. There is a provision for deduction in the payment if some one becomes late according to the Payment of Wages Act. 1936.
9.Leave.--
(1) Holidays with pay will be allowed as provided for in [Chapter VIII of the Factories Act, 1948], and other holidays in accordance with law, contract, custom and usage.
(2)A workman who desires to obtain leave of absence shall apply to the [employer or any other officer of the industrial establishment specified in this behalf by the employer], who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or post postponement and the reasons there for 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 12[employer or the officer specified in this behalf by the employer] who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.
(3)If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave and (b) explains to the satisfaction of the 12[employer or the officer specified in this behalf by the employer], his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall been titled to be kept on the badly list.
10.Casual leave.--
A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.
11.Payment of wages.--
(1) Any wages, due to the workmen but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice-boards as aforesaid.
(2)All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable, according as the total number of workmen employed in the establishment does not or does exceed one thousand.
12.Stoppage of work.--
(1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery or stoppage of power-supply, epidemics, civil commotion or other cause beyond his control, stop any section or sections of the establishment, wholly or partially for any period or periods without notice.
(2)In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice-board in the department concerned, [and at the office of the employer and at the time-keeper’s office, if any], as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the workmen so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In the case of piece-rate workers, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppage. Whenever particable, reasonable notice shall be given of resumption of normal work.
(3)In case where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without pay, as the case may be. When, however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof.
(4)The employer may in the event of a strike affecting either wholly or partially any section or department of the establishment close down either wholly or partially such section or department and any other section or department affected by such closing down. The fact of such closure shall be notified by notices put on the notice-board in the section or department concerned and in the time-keeper’s office, if any, as soon as practicable. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.
13.Termination of employment.--
(1) For terminating employment of a permanent workmen, notice in writing shall be given either by the employer or the workmen - one month’s notice in the case of monthly-rated workmen and two weeks’ notice in the case of other workmen: one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2)No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3)Where the employment of any workmen is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
14.Disciplinary action for misconduct.--
(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
.................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ..............................
Note.--Specify the acts and omissions which the employer may notify with the previous approval of the ......................Government or of the prescribed authority in pursuance of section 8 of the Payment of Wages Act, 1936.
(2)A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.
(3)The following acts and omissions shall be treated as misconduct.
(a)wilful in subordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior,
(b)theft, fraud or dishonesty in connection with the employer’s business or property,
(c) willful damage to or loss of employer’s goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behaviors during working hours at the establishment or any act subversive of discipline,
(i) habitual negligence or neglect of work,
(j)frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month.
(k) striking work or inciting others to strike work in contravention of the provision of any law, or rule having the force of law.
(4)(a)Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from the date of suspension.
(b)A workman who is placed under suspension under Cl. (a) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely:
(i ) Where the enquiry contemplated or pending is departmental, the subsistence allowance shall, for the first ninety days from the date of suspension, be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workmen would have been entitled if he were on leave with wages. It the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to three-fourths of such basic wages dearness allowance and other compensatory allowances:
Provided that where such enquiry 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 one-fourth of such basic wages, dearness allowance and other compensatory allowances.
(ii) Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension, be equal to one half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he was on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days , the subsistence allowance shall for such period be equal to three-fourths of such wages:
Provided that where such enquiry or criminal proceeding 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 one-fourth of such wages.
(b-a)n the enquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member.
(b-b)The proceedings of the enquiry shall be recorded in Hindi or in English , the language of the State where the industrial establishment is located, whichever is preferred by the workman.
(b-c)The proceedings of the inquiry shall be completed within a period of three months :
Provided that the period of three months may, for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the inquiry officer.]
(c) If on the conclusion of the enquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:
Provided that when an order of dismissal is passed under this clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered :
Provided further that where the period between the date on which the workman was suspended from duty pending the inquiry or investigation or trial and the date on which an order or suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period :
Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:
Provided also that in the case of a workman to whom the provisions of clause (2) of Article 311 of the Constitution apply, the provisions of that article shall be complied with.
(d)If on the conclusion of the inquiry, or as the case may be, or the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.
(e)The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.]
(5) In awarding punishment under this standing order, the [authority imposing the punishment]shall take into account any gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that may exist. A copy of the order passed by the 17[authority imposing the punishment] shall be supplied to the workman concerned.
(6)(a) A workman aggrieved by an order imposing punishment may within twenty-one days from the date of receipt of the order, appeal to the appellate authority.
(b) The employer shall, for the purposes of Cl. (a) specify the appellate authority.
(c ) The appellate authority, after giving an opportunity to the workman of being heard shall pass order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the workman in writing.]
15.Complaints.--
All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.
16.Certificate on termination of service.--
Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
NOTE. - There is a provision under this Act for issuing a service certificate at the time of dismissal, discharge or retirement and every person is entitled to take such certificate.
17.Liability of 17[employer].--
The [employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.
17-A.(1) Any person desiring to prefer an appeal in pursuance of sub-section(1) of Section 6 of the Act shall draw up a memorandum of appeal setting out the ground of appeal and forward it in quintuplicate to the appellate authority accompanied by a Certified copy of the standing orders, amendments or modifications, as the case may be.
(2)The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the certifying officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
(3)Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing of the appeal and direct notice thereof to be given—
(a)where the appeal is filed by the employer or a workman, to trade unions of the workmen of the industrial establishments, and where there are no such trade unions to the representatives of workman elected under Cl. (b) of rule 6, or as the case may be, to the employer ;
(b)where the appeal is filed by a trade union to the employer and all other trade unions of the workmen of the industrial establishment ;
(c)where the appeal is filed by the representatives of the workmen, to the employer and any other workman whom the appellate authority joins as a property to the appeal.
(4)The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
(5)The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal.
(6)On the date fixed, under sub-rule (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.
18.Exhibition of standing orders.--
A copy of these orders in English and in Hindi shall be pasted at [*****] and on a notice-board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.
FORM
( See Standing Order 7-A)
Notice of discontinuance re-starting of a shift working to be given by an employer
Name of employer…………………………………………………………………………………….
Address………………………………………………………………………………………………..
Dated the…………………………………….day of………………………..19
In accordance with Standing Order No…………………………..of the standing order certified and approved in respect of my/our industrial establishment. I/we hereby give notice to all concerned that it is my our intention to discontinue re-start the shift working specified in the Annexure, with effect from………………………………
Signature……………………………..
Designation……………………………..
ANNEXURE
(Here specify the particulars of change in the shift working proposed to be effected.)
Copy forwarded to—
(1) The Secretary of Registered Trade Union, if any
(2) Conciliation Officer ( Central), (here enter office address of the Conciliation Officer in the local area concerned).
(3) Regional Labour Commissioner (Central)……………Zone.
(4) Chief Labour Commissioner (Central), New Delhi.
Regards
Sidheshwar
From India, Bangalore
Hi,
Your effort is deeply appreciated. But the bare act along with the substantive provisions, rules and formats is easily available in all industrial centres.
Adopting Service Rules is NOT a legal mandate but is advisable and strongly recommended. However, in case of conflict on any point the "standing orders" will prevail.
It is better, if the situation of any particular demands, to have "certified standing orders" by following a due procedure. Here too, certified standing orders cannot differ or dilute the provisions of the model standing orders. (This care will be taken by the Certifying Officer while certifying itself)
Kindly take the mail in right perspective. I wrote as I did not understand your motivation in writing the subject mail, hence found my response in order!
Regards
samvedan
October 23, 2006
From India, Pune
Your effort is deeply appreciated. But the bare act along with the substantive provisions, rules and formats is easily available in all industrial centres.
Adopting Service Rules is NOT a legal mandate but is advisable and strongly recommended. However, in case of conflict on any point the "standing orders" will prevail.
It is better, if the situation of any particular demands, to have "certified standing orders" by following a due procedure. Here too, certified standing orders cannot differ or dilute the provisions of the model standing orders. (This care will be taken by the Certifying Officer while certifying itself)
Kindly take the mail in right perspective. I wrote as I did not understand your motivation in writing the subject mail, hence found my response in order!
Regards
samvedan
October 23, 2006
From India, Pune
It is not clear as to why the bare Act has been reproduced. Any industrial establishment coming under the purview of the Act, is legally bound to follow it. In case of Maharashtra where the State Govt is the Appropriate Government, Industrial Establishments employing 50 and more workers are covered.
If an organization, not covered by the provisions under the Act, wants to frame the service rules, it can refer to Model Standing Orders as a guideline, and also collect information on the practices being followed by similarly placed organizations. However, the basic provisions under the Acts like the Factories Act, Payment of Wages Act, etc wherever applicable will have to be followed.
Cyril
From India, Nagpur
If an organization, not covered by the provisions under the Act, wants to frame the service rules, it can refer to Model Standing Orders as a guideline, and also collect information on the practices being followed by similarly placed organizations. However, the basic provisions under the Acts like the Factories Act, Payment of Wages Act, etc wherever applicable will have to be followed.
Cyril
From India, Nagpur
Bare Act is easy to find.
What is difficult is here.
Standing Orders Central Rules
Schedule II
(contains all forms)
FORM I
(Industrial Employment (Standing Orders) Act, 1946 -- Section 3)
Dated 19 .
To
The Certifying Officer
Vide Notification No. L.R. 11 (98), dated 25th July, 1953
(Area)/(Place)
Sir,
Under the provisions of Section 3 of the Industrial Employment (Standing Orders) Act, 1946, I enclose five copies of the draft Standing Orders proposed by me for adoption in
(Name) (Place)
(Postal Address)
an industrial establishment owned/controlled by me, with the request that these orders may be certified under the term of the Act. I also enclose a statement giving the particulars prescribed in Rule 5 of the Industrial Employment (Standing Order) Central Rules, 1946.
I am, etc.
(Signature)
Employer/Manager
FORM II
Notice under Section 5 of the Industrial Employment (Standing Orders) Act, 1946.
Office of the Certifying Officer for area/place
Dated the 19 .
I, Certifying Officer, areas
forward here with a copy of the draft Standing Orders proposed by the employer for adoption in the
industrial establishment and submitted to me for certification under the Industrial Employment (Standing Orders) Act, 1946. Any objection which the workmen may desire to make to the draft Standing Orders should be submitted to me within fifteen days from the receipt of this notice.
(Certifying Officer)
To
The Secretary
Union
Name
Representative elected under Rule 6 Occupation
Industrial establishment
FORM III
Industrial Employment (Standing Orders) Act, 1946--Section 8
Register
Part I
Industrial Establishment
Sl.
No.
Date of the despatch of the copy of standing orders authenticated under Section 5 for the first time
Date of filing appeal
Date and nature of decision
Amendment made on appeal, if any
Date of the despatch of the copy of the standing orders as settled on appeal
Any notice subsequently given or received of any amendment
Results
PART II
(Should contain the authenticated copy of the Standing Orders)
FORM IV
See Rule 7-A(1)
(To be furnished in respect of each clause appealed against, separately)
(1) Draft of the Standing Order under appeal as submitted by the employers.
(2) Objection made/modification suggested, if any, to the Draft Standing Order under appeal, by the Trade Union/Representatives of workmen.
(3) Standing order under appeal, as certified by the Certifying Officers.
(4) Grounds of appeal by the employers/trade union/workmen's representatives.
FORM IV-A
(See Standing Order 7-A of Schedule I)
Notice of discontinuance/restarting of a shift working to be given by the/an employer
Name of employer
Address
Dated the day of 19 .
In accordance with Standing Order No. of the Standing Orders certified and approved in respect of my/our industrial establishment. I/we hereby give notice to all concerned that it is my/our intention to discontinue/restart the shift working specified in the Annexure with effect from
Signature
Designation
Annexure
(Here specify the particulars of change in the shift working proposed to be effected).
Copy forwarded to:--
The Secretary of registered trade union, if any.
The Assistant Labour Commissioner (Central)/Labour Employment Officer (Here enter office address of the Assistant Labour Commissioner (Central)/Labour Employment Officer in the local area concerned).
The Regional Labour Commissioner (Central) Zone.
The Chief Labour Commissioner (Central), New Delhi.
FORM V
(See Standing Order 1, Schedule I-B)
Service Card
Name of Estt./Factory/ Ticket/Token No.
1. Register Serial No.
2. Name
3. Specimen Signature/Thumb-Impression
4. Father's or Husband's Name
5. Sex
6. Religion
7. Date of Birth
8. Place of Birth
9. Date of joining
10. Details of Medical Certificate at the time of joining
11. Educational and other qualifications
12. Can Read
13. Can write
14. Can Speak
15. Height
16. Identification Marks
17. Category of Workman
18. Department
19. Details of family members
20. Permanent Address
21. Local Address
22. Quarter No.
23. Life Insurance Policy No.
24. Provident Fund Account No.
25. Nominee for Gratuity
26. Nominee for pension, if any
27. Employees State Insurance No.
28. Training courses attended (details)
29. (Eligibility for higher jobs)
30. Proficiency tests passed.
31. Employment history
Department
Token No.
Designation
Scale of Pay
Joined
Left (Reason)
1
2
3
4
5
6
32. Absence Periods
From
To
Reason
Medical reports regarding Suitability for continued employment
Sick Leave
Earned Leave
Any other leave
33. Maternity Benefit
Workmen's Compensation Details of accidents:
35. Details of Disciplinary Action
36. Promotions:--
(i) Details
(ii) Awards
(iii) Issue of Certificate of commendation
37. Date of superannuation
38. Any other matter.
Standing Orders Central Rules
SCHEDULE I
MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING INDUSTRIAL ESTABLISHMENTS IN COAL MINES
1.These orders shall come into force on ________________________
2. Classification of workmen. (a) Workmen shall be classified as,
(1) permanent,
(2) probationers,
(3) badlis,
(4) temporary,
(5) casual,
(6) apprentices
(b) A "permanent" workman is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.
(c) A "probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of three months, be reverted to his previous permanent post.
(d) A "badli" is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.
(e) A "temporary workman" is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.
(f) A "casual" workman is a workman whose employment is of a casual nature.
(g) An "apprentice" is a learner who is paid an allowance during the period of his training.
3. Tickets
(1) Every workman shall be given a permanent ticket unless he is a probationer, badli, temporary worker or apprentice.
(2) Every permanent workman shall be provided with a departmental ticket showing his number, and shall on, being required to do so, show it to any person authorised by the manager to inspect it.
(3) Every badli shall be provided with the badli card on which shall be entered the days on which he has worked in the establishment, and which shall be surrendered if he obtains permanent employment.
(4) Every temporary workman shall be provided with a ‘temporary’ ticket which he shall surrender on his discharge.
(5) Every casual worker shall be provided with a ‘casual’ card on which shall be entered the days on which he has worked in the establishment.
(6) Every apprentice shall be provided with an ‘apprentice’ card, which shall be surrendered if he obtains permanent employment.
4. Publication of working time
The periods and hours of work for all classes of workers in each shift shall be exhibited in English and in the principal languages of workmen employed in the establishment on notice boards maintained at or near the main entrance of the establishment and at time-keeper’s office, if any.
5. Publication of holidays and pay days
Notices specifying (a) the days observed by the establishment as holidays, and (b) pay days shall be posted on the said notice-boards.
6. Publication of wage rates
Notices specifying the rates of wages payable to all classes of workmen and for the classes of work shall be displayed on the said notice boards.
7. Shift working
More than one shift may be worked in a department or departments or any section of a department of the establishment at the discretion of the employer. If more than one shift is worked, the workmen shall be liable to be transferred from one shift to another. No shift working shall be discontinued without two months’ notice being given in writing to the workmen prior to such discontinuance, provided that no such notice shall be necessary if the closing of the shift is under an agreement with the workmen affected. If as a result of the discontinuance of the shift working, any workmen are to be retrenched, such retrenchment shall be effected in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of 1947) and the rules made thereunder. If shift working is restarted, the workmen shall be given notice and re-employed in accordance with the provisions of the said Act and the said Rules.
7A. Notice of changes in shift working
Any notice of discontinuance or of restarting of a shift working required by Standing Order 7 shall be in Form IVA and shall be served in the following manner, namely:-
The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment
PROVIDED that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the secretary of such union.
8. Attendance and late coming
All workmen shall be at work at the establishment at the time fixed and notified under paragraph 4. Workmen attending late will be liable to the deductions provided for in Payment of Wages Act, 1936.
9. Leave
(1) Holidays with pay will be allowed as provided for in Chapter VIII of the Factories Act, 1948, and other holidays in accordance with law, contract, custom and usage.
(2) A workman who desires to obtain leave of absence shall apply to theemployer or any other officer of the industrial establishment specified in this behalf by the employer, who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted, a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or postponement and the reasons therefor shall be recorded in writing in a register to be maintained for the purpose, and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof, he shall apply to the employer or the officer specified in this behalf by the employer who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him
(3) If, the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose is lien on his appointment unless he (a) returns within 8 days of the expiry of the leave and (b) explains to the satisfaction of the employer or the officer specified in this behalf by the employer his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall be entitled to be kept on the badli list.
10. Casual leave
A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.
11. Payment of wages
(1) Any wages, due to the workmen but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice-boards as aforesaid.
(2) All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable, according as the total number of workmen employed in the establishment does not or does exceed one thousand.
12. Stoppage of work
(1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery or stoppage of power supply, epidemics, civil commotion or other cause beyond his control, stop any section or sections of the establishment, wholly or partially for any period or periods without notice.
(2) In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice board in the department concerned, 14[and at the office of the employer and at the time keeper’s office if any], as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the workmen so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In the case of piece-rate workers, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppage. Whenever practicable reasonable notice shall be given of resumption of normal work.
(3) In case where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without pay, as the case may be. When, however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof.
(4) The employer may in the event of a strike affecting either wholly or partially any section or department of the establishment close down either wholly or partially such section or department and any other section or department affected by such closing down. The fact of such closure shall be notified by notices put on the notice board in the section or department concerned and in the time keeper’s office, if any, as soon as practicable. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.
13. Termination of employment
(1) For terminating employment of a permanent workman, notice in writing shall be given either by the employer or the workman-one month’s notice in the case of monthly rated workmen and two weeks’ notice in the case of other workmen; one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated, but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3) Where the employment of any workman is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
14. Disciplinary action for misconduct
(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
1 ______________________
2_______________________
3 ______________________
4 ______________________
(2) A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.
(3) The following acts and omissions shall be treated as misconduct,-
(a) wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior,
(b) theft, fraud or dishonesty in connection with the employer’s business or property,
(c) wilful damage to or loss of employer’s goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline,
(i) habitual negligence or neglect of work,
(j) frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month,
(k) striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.
(4) (a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from a date of suspension.
(b) A workman who is placed under suspension shall be paid subsistence allowance in accordance with the provisions of section 10A of the Act.
(ba) In the inquiry, the workman shall be entitled to appear in person or to be represented by an office bearer of a trade union of which he is a member.
(bb) The proceedings of the inquiry shall be recorded in Hindi or in English or the language of the State where the industrial establishment is located, whichever is preferred by the workman.
(bc) The proceedings of the inquiry shall be completed within a period of three months:
PROVIDED that the period of three months may, for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the inquiry officer.
(c) If on the conclusion of the inquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:
PROVIDED that when an order of dismissal is passed under this clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered:
PROVIDED FURTHER that where the period between the date on which the workman was suspended from duty pending the inquiry or investigation or trial and the date on which an order of suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:
PROVIDED ALSO that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:
PROVIDED ALSO that in the case of a workman to whom the provisions of clause (2) of article 311 of the Constitution apply, the provisions of that article shall be complied with.
(d) If on the conclusion of the inquiry, or as the case may be, of the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.
(e) The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.
(5) In awarding punishment under this standing order, the authority imposing the punishment shall take into account any gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that may exist. A copy of the order passed by the authority imposing the punishment shall be supplied to the workman concerned.
(6) (a) A workman aggrieved by an order imposing punishment, may within twenty-one days from the date of receipt of the order, appeal to the appellate authority.
(b) The employer shall, for the purposes of clause (a), specify the appellate authority.
(c) The appellate authority, after giving an opportunity to the workman of being heard, shall pass such order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the workman in writing.
15. Complaints
All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.
16. Certificate on termination of service
Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
17. Liability of employer
The employer of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders
.
17A. Appeal
(1) Any person desiring to prefer an appeal in pursuance of sub-section (1) of section 6 of the Act shall draw up a memorandum of appeal setting out the ground of appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments, or modifications, as the case may be.
(2) The appellate authority shall after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the certifying officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
(3) Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing of the appeal and direct notice thereof to be given-
(a) where the appeal is filed by the employer or a workman, to trade unions of the workman of the industrial establishments, and where there are no such trade unions to the representatives of workman elected under clause (b) or rule 6, or as the case may be to the employer;
(b) where the appeal is filed by a trade union to the employer and all other trade unions of the workmen of the industrial establishment;
(c) where the appeal is filed by the representatives of the workmen, to the employer and any other workman whom the appellate authority joins as a party to the appeal.
(4) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
(5) The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal,
(6) On the date fixed under sub-rule (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.
18. Exhibition of standing orders
A copy of these orders in English and in Hindi shall be posted on a notice board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.
What is difficult is here.
Standing Orders Central Rules
Schedule II
(contains all forms)
FORM I
(Industrial Employment (Standing Orders) Act, 1946 -- Section 3)
Dated 19 .
To
The Certifying Officer
Vide Notification No. L.R. 11 (98), dated 25th July, 1953
(Area)/(Place)
Sir,
Under the provisions of Section 3 of the Industrial Employment (Standing Orders) Act, 1946, I enclose five copies of the draft Standing Orders proposed by me for adoption in
(Name) (Place)
(Postal Address)
an industrial establishment owned/controlled by me, with the request that these orders may be certified under the term of the Act. I also enclose a statement giving the particulars prescribed in Rule 5 of the Industrial Employment (Standing Order) Central Rules, 1946.
I am, etc.
(Signature)
Employer/Manager
FORM II
Notice under Section 5 of the Industrial Employment (Standing Orders) Act, 1946.
Office of the Certifying Officer for area/place
Dated the 19 .
I, Certifying Officer, areas
forward here with a copy of the draft Standing Orders proposed by the employer for adoption in the
industrial establishment and submitted to me for certification under the Industrial Employment (Standing Orders) Act, 1946. Any objection which the workmen may desire to make to the draft Standing Orders should be submitted to me within fifteen days from the receipt of this notice.
(Certifying Officer)
To
The Secretary
Union
Name
Representative elected under Rule 6 Occupation
Industrial establishment
FORM III
Industrial Employment (Standing Orders) Act, 1946--Section 8
Register
Part I
Industrial Establishment
Sl.
No.
Date of the despatch of the copy of standing orders authenticated under Section 5 for the first time
Date of filing appeal
Date and nature of decision
Amendment made on appeal, if any
Date of the despatch of the copy of the standing orders as settled on appeal
Any notice subsequently given or received of any amendment
Results
PART II
(Should contain the authenticated copy of the Standing Orders)
FORM IV
See Rule 7-A(1)
(To be furnished in respect of each clause appealed against, separately)
(1) Draft of the Standing Order under appeal as submitted by the employers.
(2) Objection made/modification suggested, if any, to the Draft Standing Order under appeal, by the Trade Union/Representatives of workmen.
(3) Standing order under appeal, as certified by the Certifying Officers.
(4) Grounds of appeal by the employers/trade union/workmen's representatives.
FORM IV-A
(See Standing Order 7-A of Schedule I)
Notice of discontinuance/restarting of a shift working to be given by the/an employer
Name of employer
Address
Dated the day of 19 .
In accordance with Standing Order No. of the Standing Orders certified and approved in respect of my/our industrial establishment. I/we hereby give notice to all concerned that it is my/our intention to discontinue/restart the shift working specified in the Annexure with effect from
Signature
Designation
Annexure
(Here specify the particulars of change in the shift working proposed to be effected).
Copy forwarded to:--
The Secretary of registered trade union, if any.
The Assistant Labour Commissioner (Central)/Labour Employment Officer (Here enter office address of the Assistant Labour Commissioner (Central)/Labour Employment Officer in the local area concerned).
The Regional Labour Commissioner (Central) Zone.
The Chief Labour Commissioner (Central), New Delhi.
FORM V
(See Standing Order 1, Schedule I-B)
Service Card
Name of Estt./Factory/ Ticket/Token No.
1. Register Serial No.
2. Name
3. Specimen Signature/Thumb-Impression
4. Father's or Husband's Name
5. Sex
6. Religion
7. Date of Birth
8. Place of Birth
9. Date of joining
10. Details of Medical Certificate at the time of joining
11. Educational and other qualifications
12. Can Read
13. Can write
14. Can Speak
15. Height
16. Identification Marks
17. Category of Workman
18. Department
19. Details of family members
20. Permanent Address
21. Local Address
22. Quarter No.
23. Life Insurance Policy No.
24. Provident Fund Account No.
25. Nominee for Gratuity
26. Nominee for pension, if any
27. Employees State Insurance No.
28. Training courses attended (details)
29. (Eligibility for higher jobs)
30. Proficiency tests passed.
31. Employment history
Department
Token No.
Designation
Scale of Pay
Joined
Left (Reason)
1
2
3
4
5
6
32. Absence Periods
From
To
Reason
Medical reports regarding Suitability for continued employment
Sick Leave
Earned Leave
Any other leave
33. Maternity Benefit
Workmen's Compensation Details of accidents:
35. Details of Disciplinary Action
36. Promotions:--
(i) Details
(ii) Awards
(iii) Issue of Certificate of commendation
37. Date of superannuation
38. Any other matter.
Standing Orders Central Rules
SCHEDULE I
MODEL STANDING ORDERS IN RESPECT OF INDUSTRIAL ESTABLISHMENTS NOT BEING INDUSTRIAL ESTABLISHMENTS IN COAL MINES
1.These orders shall come into force on ________________________
2. Classification of workmen. (a) Workmen shall be classified as,
(1) permanent,
(2) probationers,
(3) badlis,
(4) temporary,
(5) casual,
(6) apprentices
(b) A "permanent" workman is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lock-out, strike (not being an illegal strike) or involuntary closure of the establishment.
(c) A "probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months’ service therein. If a permanent employee is employed as a probationer in a new post he may, at any time during the probationary period of three months, be reverted to his previous permanent post.
(d) A "badli" is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.
(e) A "temporary workman" is a workman who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.
(f) A "casual" workman is a workman whose employment is of a casual nature.
(g) An "apprentice" is a learner who is paid an allowance during the period of his training.
3. Tickets
(1) Every workman shall be given a permanent ticket unless he is a probationer, badli, temporary worker or apprentice.
(2) Every permanent workman shall be provided with a departmental ticket showing his number, and shall on, being required to do so, show it to any person authorised by the manager to inspect it.
(3) Every badli shall be provided with the badli card on which shall be entered the days on which he has worked in the establishment, and which shall be surrendered if he obtains permanent employment.
(4) Every temporary workman shall be provided with a ‘temporary’ ticket which he shall surrender on his discharge.
(5) Every casual worker shall be provided with a ‘casual’ card on which shall be entered the days on which he has worked in the establishment.
(6) Every apprentice shall be provided with an ‘apprentice’ card, which shall be surrendered if he obtains permanent employment.
4. Publication of working time
The periods and hours of work for all classes of workers in each shift shall be exhibited in English and in the principal languages of workmen employed in the establishment on notice boards maintained at or near the main entrance of the establishment and at time-keeper’s office, if any.
5. Publication of holidays and pay days
Notices specifying (a) the days observed by the establishment as holidays, and (b) pay days shall be posted on the said notice-boards.
6. Publication of wage rates
Notices specifying the rates of wages payable to all classes of workmen and for the classes of work shall be displayed on the said notice boards.
7. Shift working
More than one shift may be worked in a department or departments or any section of a department of the establishment at the discretion of the employer. If more than one shift is worked, the workmen shall be liable to be transferred from one shift to another. No shift working shall be discontinued without two months’ notice being given in writing to the workmen prior to such discontinuance, provided that no such notice shall be necessary if the closing of the shift is under an agreement with the workmen affected. If as a result of the discontinuance of the shift working, any workmen are to be retrenched, such retrenchment shall be effected in accordance with the provisions of the Industrial Disputes Act, 1947 (14 of 1947) and the rules made thereunder. If shift working is restarted, the workmen shall be given notice and re-employed in accordance with the provisions of the said Act and the said Rules.
7A. Notice of changes in shift working
Any notice of discontinuance or of restarting of a shift working required by Standing Order 7 shall be in Form IVA and shall be served in the following manner, namely:-
The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment
PROVIDED that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the secretary of such union.
8. Attendance and late coming
All workmen shall be at work at the establishment at the time fixed and notified under paragraph 4. Workmen attending late will be liable to the deductions provided for in Payment of Wages Act, 1936.
9. Leave
(1) Holidays with pay will be allowed as provided for in Chapter VIII of the Factories Act, 1948, and other holidays in accordance with law, contract, custom and usage.
(2) A workman who desires to obtain leave of absence shall apply to theemployer or any other officer of the industrial establishment specified in this behalf by the employer, who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted, a leave pass shall be issued to the worker. If the leave is refused or postponed, the fact of such refusal or postponement and the reasons therefor shall be recorded in writing in a register to be maintained for the purpose, and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof, he shall apply to the employer or the officer specified in this behalf by the employer who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him
(3) If, the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose is lien on his appointment unless he (a) returns within 8 days of the expiry of the leave and (b) explains to the satisfaction of the employer or the officer specified in this behalf by the employer his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall be entitled to be kept on the badli list.
10. Casual leave
A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.
11. Payment of wages
(1) Any wages, due to the workmen but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice-boards as aforesaid.
(2) All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable, according as the total number of workmen employed in the establishment does not or does exceed one thousand.
12. Stoppage of work
(1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery or stoppage of power supply, epidemics, civil commotion or other cause beyond his control, stop any section or sections of the establishment, wholly or partially for any period or periods without notice.
(2) In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice board in the department concerned, 14[and at the office of the employer and at the time keeper’s office if any], as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the workmen so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In the case of piece-rate workers, the average daily earning for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppage. Whenever practicable reasonable notice shall be given of resumption of normal work.
(3) In case where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without pay, as the case may be. When, however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof.
(4) The employer may in the event of a strike affecting either wholly or partially any section or department of the establishment close down either wholly or partially such section or department and any other section or department affected by such closing down. The fact of such closure shall be notified by notices put on the notice board in the section or department concerned and in the time keeper’s office, if any, as soon as practicable. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.
13. Termination of employment
(1) For terminating employment of a permanent workman, notice in writing shall be given either by the employer or the workman-one month’s notice in the case of monthly rated workmen and two weeks’ notice in the case of other workmen; one month’s or two week’s pay, as the case may be, may be paid in lieu of notice.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated, but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
(3) Where the employment of any workman is terminated, the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.
14. Disciplinary action for misconduct
(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
1 ______________________
2_______________________
3 ______________________
4 ______________________
(2) A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.
(3) The following acts and omissions shall be treated as misconduct,-
(a) wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior,
(b) theft, fraud or dishonesty in connection with the employer’s business or property,
(c) wilful damage to or loss of employer’s goods or property,
(d) taking or giving bribes or any illegal gratification,
(e) habitual absence without leave or absence without leave for more than 10 days,
(f) habitual late attendance,
(g) habitual breach of any law applicable to the establishment,
(h) riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline,
(i) habitual negligence or neglect of work,
(j) frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month,
(k) striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.
(4) (a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may, by order in writing suspend him with effect from such date as may be specified in the order. A statement setting out in detail the reasons for such suspension shall be supplied to the workman within a week from a date of suspension.
(b) A workman who is placed under suspension shall be paid subsistence allowance in accordance with the provisions of section 10A of the Act.
(ba) In the inquiry, the workman shall be entitled to appear in person or to be represented by an office bearer of a trade union of which he is a member.
(bb) The proceedings of the inquiry shall be recorded in Hindi or in English or the language of the State where the industrial establishment is located, whichever is preferred by the workman.
(bc) The proceedings of the inquiry shall be completed within a period of three months:
PROVIDED that the period of three months may, for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the inquiry officer.
(c) If on the conclusion of the inquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:
PROVIDED that when an order of dismissal is passed under this clause, the workman shall be deemed to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered:
PROVIDED FURTHER that where the period between the date on which the workman was suspended from duty pending the inquiry or investigation or trial and the date on which an order of suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:
PROVIDED ALSO that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:
PROVIDED ALSO that in the case of a workman to whom the provisions of clause (2) of article 311 of the Constitution apply, the provisions of that article shall be complied with.
(d) If on the conclusion of the inquiry, or as the case may be, of the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.
(e) The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.
(5) In awarding punishment under this standing order, the authority imposing the punishment shall take into account any gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that may exist. A copy of the order passed by the authority imposing the punishment shall be supplied to the workman concerned.
(6) (a) A workman aggrieved by an order imposing punishment, may within twenty-one days from the date of receipt of the order, appeal to the appellate authority.
(b) The employer shall, for the purposes of clause (a), specify the appellate authority.
(c) The appellate authority, after giving an opportunity to the workman of being heard, shall pass such order as he thinks proper on the appeal within fifteen days of its receipt and communicate the same to the workman in writing.
15. Complaints
All complaints arising out of employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be submitted to the manager or other person specified in this behalf with the right of appeal to the employer.
16. Certificate on termination of service
Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
17. Liability of employer
The employer of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders
.
17A. Appeal
(1) Any person desiring to prefer an appeal in pursuance of sub-section (1) of section 6 of the Act shall draw up a memorandum of appeal setting out the ground of appeal and forward it in quintuplicate to the appellate authority accompanied by a certified copy of the standing orders, amendments, or modifications, as the case may be.
(2) The appellate authority shall after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or modifications as certified by the certifying officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.
(3) Where the appellate authority does not confirm the standing orders, amendments or modifications it shall fix a date for the hearing of the appeal and direct notice thereof to be given-
(a) where the appeal is filed by the employer or a workman, to trade unions of the workman of the industrial establishments, and where there are no such trade unions to the representatives of workman elected under clause (b) or rule 6, or as the case may be to the employer;
(b) where the appeal is filed by a trade union to the employer and all other trade unions of the workmen of the industrial establishment;
(c) where the appeal is filed by the representatives of the workmen, to the employer and any other workman whom the appellate authority joins as a party to the appeal.
(4) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
(5) The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal,
(6) On the date fixed under sub-rule (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or consider to be relevant.
18. Exhibition of standing orders
A copy of these orders in English and in Hindi shall be posted on a notice board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.
Hi,
There we go again!!!!
What is so damn important that we feel compelled to REPRODUCE the entire Model Standing Orders or the RULES whether State or the Central, is clearly beyond comprehension.
Such mails clutter up the mail box and serve no purpose as the bare act and the rules (central and/or state) are easily available.
Kindly do NOT take an offence, but, I suppose this enthusiasm needs to be controlled.
Regards
samvedan
October 24, 2006
From India, Pune
There we go again!!!!
What is so damn important that we feel compelled to REPRODUCE the entire Model Standing Orders or the RULES whether State or the Central, is clearly beyond comprehension.
Such mails clutter up the mail box and serve no purpose as the bare act and the rules (central and/or state) are easily available.
Kindly do NOT take an offence, but, I suppose this enthusiasm needs to be controlled.
Regards
samvedan
October 24, 2006
From India, Pune
I agree with mr Samvedan. it is nothing but a waste of time and energy in reproducing the provisions of the bare Act. It serves no purpose. Cyril
From India, Nagpur
From India, Nagpur
Dear Shyamdev and Cyril
Happy Diwali
Good Morning to both of you,
Why we are here????? what purpose to be member???? If everything availabe in the market then we ppl what doing here????? Why we are wasting time here ?????? Have any reply??????
Do u think, each and every individuals thoughts are same or match?????
Thanks for comments.
Regards
Sidheshwar
From India, Bangalore
Happy Diwali
Good Morning to both of you,
Why we are here????? what purpose to be member???? If everything availabe in the market then we ppl what doing here????? Why we are wasting time here ?????? Have any reply??????
Do u think, each and every individuals thoughts are same or match?????
Thanks for comments.
Regards
Sidheshwar
From India, Bangalore
Hi,
Yes, I do have a reply and will Mr. Cyril have, I am certain.
For a starter one becomes a member to learn from the experience from others-seniority notwithstanding.
If a member is a student he will be happy to know where to find authentic material on the topics of interests. If one is a practioner of HR at any level, then all that you have said ought to have been learnt at the school.
Participation in a board like this enhances knowledge through interaction and NOT through quoting what is already in print and what one ought to have learnt anyway.
Whether we are equal or not in terms of knowledge or experience is NOT the issue. How we enrich each other is THE issue and for that ORIGINAL contributions are far more useful and NOT the stuff one find elsewhere.
There can be legitimate queries that one may want to find answers to by participating on the board and NOT by quoting the irrelevant and the unnecessary.
I understand your outburst. In my first response I had actually admitted that I was unable to understand your motivation supporting your mail. Instead of a specific reply, you anger (or spontaneous response, shall we say?) has invited this reaction. May be you should expect more from others.
On my part, I have responded finally on this topic. Talking about individual freedom, yes, one is free to conduct himself in any manner that he thinks is right or appropriate! I believe that in life whatever one does or does not do, a "price" has to be paid and that is an inescapable truth! Take it or leave it!
Regards
samvedan
October 25, 2006
From India, Pune
Yes, I do have a reply and will Mr. Cyril have, I am certain.
For a starter one becomes a member to learn from the experience from others-seniority notwithstanding.
If a member is a student he will be happy to know where to find authentic material on the topics of interests. If one is a practioner of HR at any level, then all that you have said ought to have been learnt at the school.
Participation in a board like this enhances knowledge through interaction and NOT through quoting what is already in print and what one ought to have learnt anyway.
Whether we are equal or not in terms of knowledge or experience is NOT the issue. How we enrich each other is THE issue and for that ORIGINAL contributions are far more useful and NOT the stuff one find elsewhere.
There can be legitimate queries that one may want to find answers to by participating on the board and NOT by quoting the irrelevant and the unnecessary.
I understand your outburst. In my first response I had actually admitted that I was unable to understand your motivation supporting your mail. Instead of a specific reply, you anger (or spontaneous response, shall we say?) has invited this reaction. May be you should expect more from others.
On my part, I have responded finally on this topic. Talking about individual freedom, yes, one is free to conduct himself in any manner that he thinks is right or appropriate! I believe that in life whatever one does or does not do, a "price" has to be paid and that is an inescapable truth! Take it or leave it!
Regards
samvedan
October 25, 2006
From India, Pune
Hi Samdevan,
Why u r comparing u with others???? U might have too much experience and knowledge but so many fresher are also here. u might be perfect but so many here try to be perfect. Why u compare ur freedom with others???? we are here to share knowledge and experience. If you think that sharing of knowledge and experience is wasting of time, its ur perception and thought. We may take any thing either +ve or -ve, its depend upon individual. If i m posting any wrong materials which is not beneficial for others, simply u may modify and convey message for the same. Hence you should think that I am defending my self. Its reality. I m seeing the debate how it takes place. 1000 types of views will be there but common will be final for all participants.
Thanks
Sidheshwar
From India, Bangalore
Why u r comparing u with others???? U might have too much experience and knowledge but so many fresher are also here. u might be perfect but so many here try to be perfect. Why u compare ur freedom with others???? we are here to share knowledge and experience. If you think that sharing of knowledge and experience is wasting of time, its ur perception and thought. We may take any thing either +ve or -ve, its depend upon individual. If i m posting any wrong materials which is not beneficial for others, simply u may modify and convey message for the same. Hence you should think that I am defending my self. Its reality. I m seeing the debate how it takes place. 1000 types of views will be there but common will be final for all participants.
Thanks
Sidheshwar
From India, Bangalore
Dear Samvedan,
If you feel it is so easy and a sheer waste of time,
CHALLENGE
Please provide hyperlink (except my Post) to any of the material that I have provided in this post.
I challenge you to provide bare act and rules of Inter State Migrant Workman, 1979. Forget State part you won't be able to spot the Central Act and Rules in digital format.
HOW ABOUT ABSTRACT TO BE DISPLAYED UNDER CONTRACT LABOUR ACT, 1970 AND THE ACT ABOVE.
GET IT WITHIN ONE WEEK FROM THE DATE OF THIS POST AND I VOTE FOR YOU.
Best of LUCK!
If you feel it is so easy and a sheer waste of time,
CHALLENGE
Please provide hyperlink (except my Post) to any of the material that I have provided in this post.
I challenge you to provide bare act and rules of Inter State Migrant Workman, 1979. Forget State part you won't be able to spot the Central Act and Rules in digital format.
HOW ABOUT ABSTRACT TO BE DISPLAYED UNDER CONTRACT LABOUR ACT, 1970 AND THE ACT ABOVE.
GET IT WITHIN ONE WEEK FROM THE DATE OF THIS POST AND I VOTE FOR YOU.
Best of LUCK!
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Industrial Employment Standing Orders Act 1946.pdf