The Himachal Pradesh Industrial Employment (Standing Orders) Rules 1973
SCHEDULE I
MODEL STANDING ORDERS
1. These orders shall come into force on ………………………………………….
2. Classification of workman
(a) The workmen shall be classified as:--
(1) permanent;
(2) probationers;
(3) Badlis;
(4) temporary;
(5) casual;
(6) apprentice.
(b) A ‘permanent workman’ is a workman who has been engaged on a permanent basis
and included 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 has been appointed in the post of permanent workman or a probationer, who is temporarily absent.
(e) A ‘temporary workman’ is a workman who has been engaged for a work which is of an essentially temporary nature likely to be finished with a limited period.
(f) A ‘casual workman’ is a workman who is employed for work of a casual nature.
(g) An ‘apprentice’ is a learner who is paid an allowance during his period of training.
units by the management.
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3. Ticket (1) Every workman shall be given a permanent ticket unless he is a probationer, badli, temporary, casual 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 authoriesed 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 surrendered if he obtains permanent employment.
(6) Every apprentice shall be provided with an ‘apprentice’ card which shall be surrendered if he obtains permanent employment.
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4. Publication of working hours and period of work.--The periods and hours of work for all classes of workmen in each shift shall be exhibited in English and in Hindi on the notice-boards maintained at or near the entrance to 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 displayed on the said notice-boards.
6. Publication of wage rates.--Notices specifying the rates or wages payable to all classes of workmen shall be displayed on the said notice-board..
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 on 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 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 affected in accordance with the provisions of the Industrial Disputes Act, 1947 (Act XIV 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 said Rules.
8. Notice of changes shift working : Any notice of discontinuance or of restarting 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 and in the manager’s office.
Provided that where any registered trade union of workman exists, a coy of the notice shall also be served by registered post on the Secretary of such union.
9. Attendance and late coming.--All workmen shall be at work in the establishment at the time fixed and notified. Under paragraph4. Workmen attending late will be liable to the deductions provided for in the Payment of Wages Act, 1936..
10. Leave (1) Holidays with pay will be allowed as provided for in the Chapter IV-A 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 manager who shall issue order 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 a commence on the date of the application or within three days threof, the order shall be given on the same day. If the leave asked for a 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 therefore 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 apply to the manager who shall send written reply either granting or refusing and if such reply is likely to reach his address is available 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) explain to the satisfaction of the manager his inability to return before theexpiry of his leave. In case the workman loses his lien on his appointment, he shall be entitled to be kept on the badli list.
11. Casual and sick leave. : Every workman shall be allowed casual and sick leave in accordance with the Himachal Pradesh Industrial Establishment (National and Festival Holidays and Casual and Sick Leave (Act No.7of 1970 Act) and rules framed thereunder.
12. National / festival Holidays.—Every workman shall be allowed National and festival holidays,
in accordance with the Himachal Pradesh Industrial Establishments (National and Festival holidays and Casual and Sick Leave) Act (Act No.7 of 1970) and the rules framed thereunder.
13. 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 board as aforesaid.
(2) All workmen will be paid wages on a working day before the expiry of the seventh or 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 by establishment does not exceed one thousand .
14. 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 t he department concerned, or at the office of the manager, as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workman 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 exceed 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 wages. 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 un-employment 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 my 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.
15. 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 weeks’ pay, as the case maybe paid in lieu of notice.
(2) No temporary workman whether monthly rated, weekly rated or piece rated and no probationer, badli or casual worker 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 date on which his employment is terminated.
16. Disciplinary Action or misconduct .-- (1) A workman may be fined upto two per cent of his wages in a month for the following acts and omissions namely :-
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Note :- Specify the acts and omissions which the employer may notify with the previous approval …………………………………………………………………….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:-
20. Disciplinary action of misconduct.--(1) the following acts and omissions shall be regarded as acts of misconduct:--
(a) willful insubordination or disobedience whether alone or in combination with others, to any lawful and reasonable orders of a superior.
(b) theft, fraud or dishonesty in connection with the employer of business or
property or co-workers property.
(c) willful damage to or loss of employers property.
(d) Taking or giving bribes or illegal gratification.
(e) Habitual absence without leave or absence with 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.
(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 percent , of the wages in a month;.
(k) Striking work illegally of inciting others to strike work in contravention of the provisions of any law or rule having the force of law.
(4) Where a disciplinary proceeding against a workman is contemplated or is pending 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 the details the reasons for such suspension shall be supplied to the workman within a week from the date of suspension.
(b) A workman who is placed under suspension under clause (a) shall during the period of such suspension be paid a subsistence allowance at the following rate, namely:--
(i) where the enquiry contemplated or pending is departmental the subsistence allowance shall for the first 90 days from the date of suspension, be equal to half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he were on leave with wages. If the departmental enquiry gets prolonged and if the workman continued to be suspended for a period exceeding 90 days the subsistence allowance shall for such period be equal to 3/4th of such basic wages, dearness allowance and other compensatory allowance:
provided that where such enquiry is prolonged beyond the period of 90 days for reasons directly attributable to the workman the subsistence allowance shall, for the period exceeding 90 days, reduced to 1/4th 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 the workman are under investigation or trail the subsistence allowance shall for the first 180 days from the date of suspension be equal to half of his basic wages, dearness allowance and other compensatory allowance which the workman would have been entitled to if he were on leave. If such enquiry or criminal proceedings get prolonged and the workman continues to be on suspension for a period exceeding 180 days, the subsistence allowance shall for such period be equal to 3/4 of such wages:
Provided that where such enquiry or criminal proceedings is prolonged beyond the period of 180 days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding 180 days, be reduced to 1/4th of such wages.
(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 enquiry or investigation or trial and the date on which an order of suspension was passed under this clause exceeds 4 days, the workman shall be deemed to have been suspended only for 4 days or for such shorter period as if specified in the said order or 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 further that in the case of a workman to whom the provisions of clause (2) of the Article 311 of the Constitution apply the provisions of that article shall be complied with.
(d) If on the conclusion of the enquiry 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 management shall take into account the gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the manager shall be supplied to the workman concerned.
17. 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.
18. Certificate of termination of service.--Every workman shall be entitled to a service certificate at the time of his discharge, dismissal or retirement from the service.
19. Liability of the Manager.-- the manager of the establishment shall be held personally responsible for the proper and faithful observance of these Standing Orders.
20. (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.
(2) The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the standing orders, amendments or medications 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 modification it shall fix a date for the hearing of the appeal and direct notice thereof to be given –
(a) where the appeal is filed by the employer or a workman to trade unions of the workmen of the industrial establishments, and where there are no such trade unions to the representatives of workmen elected under 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 representative 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.
21. Exhibition of Standing Orders.--(1) A copy of these Standing Orders in English or Hindi shall be pasted at the manager’s office as well as on a notice board maintained at or near the main entrance of the establishment and shall be kept in a legible condition.
HP INDUSTRIAL ESTABLISHMENT (STANDING ORDERS) RULES
SCHEDULE I
FORM I
(See standing order 8)
Notice of discontinuance/restarting of a shift working to be given by 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 :