Karnataka Industrial Employment (Standing Orders) Rules

SCHEDULE I

Model Standing Orders prescribed under Rule 3(1)

A For workmen excluding clerks and other ministerial staff

1. These orders shall come into force on

2. Classification of Workmen:-

(a) Workmen shall be classified as:-

(1) Permanent;

(2) Probationers;

(3) Badalis;

(4) Temporary;

(5) Casual; and

(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 a 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. Absence on sick-leave or due to accident or any other reason shall not be included in computing the probationary period.

(d) A "Badali" 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 provided with a permanent ticket unless he is a probationer, badali, temporary worker or apprentice.

(2) Every permanent workman shall be provided with a department 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 'badali' shall be provided with a 'Badali 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.

(7) Every probationer shall be provided with a "Probationer Card", which shall be surrendered if he is made permanent in the post for which he was appointed as a probationer.

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 Kannada on a notice board maintained at or near the main entrance of the establishment or 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 holiday; and

(b) pay days shall be posted on the Notice Board referred in paragraph-4.

6. Publication of Wages Rates.- Notices specifying the rates of wages payable to all classes of workmen and for all classes of work shall be displayed on the Notice Board referred to in Paragraph-4.

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 workman shall be given notice and re-employed in accordance with the provisions of the said Act and the said Rules.

8. Attendance and Late coming. All workmen shall be at work at the establishment at the times fixed and notified under paragraph 4. Workmen attending late will be liable to deductions provided for in the Payment of Wages Act, 1936.

9. Leave. - (1) Leave 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 Manager or any other person authorised by him 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 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 the workman after preceeding on leave desires an extension thereof, he shall apply to the Manager (or other person authorised by him) who shall send a written reply either ranting 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 o the original leave granted to him

(3) (1) 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 eight days of the expiry of leave; and

(b) explains to the satisfaction of the manager his inability to return before the expiry of his leave.

10. Casual Leave.- A workman may be granted casual leave of absence with or without pay not exceeding ten 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 workmen, but not paid on the usual pay day on account of their being unclaimed shall be paid by the employer on a unclaimed wage pay-day in each week, which shall be notified on the Notice Board as aforesaid.

(2) All workman 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. (i) Any workman may, when leaving the premises of the establishment be searched at the point of exit by an Officer appointed for the purpose by the Manager.

(ii) Any female may be detained by such Officer for search by a female searcher, if acting without notice he suspects that she is wrongful possession of property belonging to the establishment.

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

(iv) Subject to the provisions of the above clauses, any member of a Joint Committee or Works Committee may be present at a search made under this Standing Order.

13. Stoppage of Work.-(1) The employer may, at any time, in the event of fire, catastrophe, break down of machinery or stoppage of power supply, epidemics, civil commotion or other causes beyond his control, stop and 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, 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 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 wages. No other compensation will be admissible in case of such stoppages. Wherever practicable, reasonable notice shall be given of resumption of normal work.

(3) In cases 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 the resumption of work as to when work will be resumed.

(5) Notwithstanding anything contained in this clause or in the Model Standing Order-7 concerning shift working all questions of lay-off, retrenchment and payment of compensation therefor, re-employment, etc., shall be governed by the Provisions of Chapter V-A of the Industrial Disputes Act, 1947.

14. Termination of Employment.-(1) For terminating employment of a permanent workman, notice in writing shall be given either by the employer r the workman - one months 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 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 badali 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 24.

(3) Where the employment of any workman is terminated, the wages earned by him and other payment will be made as per the Payment of Wages Act, 1936.

15. Disciplinary action for Mis-conduct.- (1) A workman may be fined upto two percent of his wages in a month for any of the following acts and omissions, (a) collection of any money within the works premises for purposes not mentioned in the Management.

(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 his superior;

(b) Theft, fraud, or dishonesty in connection with the employer's business or property;

(d) Taking or giving bribes or any illegal gratification;

(e) Habitual absence without leave or absence without leave for more than ten days;

(f) Habitual late attendance;

(g) Habitual breach of any law applicable to the establishment;

(h) Riotous or disorderly behavior during working hours of the establishment or any act subversive of discipline;

(i) Habitual negligence or neglect of work;

(j) Frequent repitition of any act or omission for which fines may be imposed to a maximum of two percent 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; and

(l) Carrying concealed weapons, fighting or attempting bodily injury to another employee, drunkenness, boot legging or conduct which violates common decency or morality o the community and threatening or intimidating any employee of the works.

(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 be 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 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 rates, namely;-

(i) Where the inquiry contemplated or pending is department the subsistence allowances 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 allowance to which the workman would have been entitled if he were on leave with wages. If the department inquiry 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 inquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourths of such basic wages, dearness allowance and other compensatory allowances.

(ii) Where the inquiry is by an outside agency or as the case may be, where the criminal proceedings against the 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 allowances and other compensatory allowance to which the workman would have been entitled to if he were on leave. If such inquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred eighty days, the subsistence allowance shall for such period be equal to three- fourths of such wages:

Provided that where such inquiry or criminal proceedings is prolonged beyond a period of one hundred and eighty days for reasons directly attributed to the workman, the subsistence allowance shall, for the period exceeding one hundred and eighty days, be reduced to one fourth of such wages.

(bb)The workman may take the assistance of any other workman to present the case on his behalf.

(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 charge framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, than 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 o 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 the 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 Manager shall take into account the gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the Manager shall be supplied to the workman concerned.

15.-A. The age for retirement or superannuation of the workman may be 58 years or such other age as may be agreed upon between the employer and the workman by any agreement, settlement or award which may be bind on the employer and the workman under any law for the time being in force.

16. 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 Manger or other person specified in this behalf with a right to appeal to the employer.

17. Certificate of Termination of Service.- Every permanent workman shall be entitled to a service certificate at the time for dismissal, discharge or retirement from service.

18. Liability of Manager.- The Manager of the establishment shall personally be held responsible for the proper and faithful observance of the Standing Orders.

19. Exhibition of Standing Orders.- A copy of these orders in English and in Kannada and also in Tamil whenever necessary shall be posted at the Manager's Office and on a Notice Board maintained at or near the main entrance of the establishment and shall be kept in legible condition.

Model standing Orders for Clerks

(Prescribed under Rule 3(1) B - For Clerks and other Ministerial staff)

1. The orders shall come into force on the day of
19 and shall apply to all workmen employed in the establishment to do clerical labour.

2. In these orders unless there is anything repugnant in the subject or context;

(a) "Clerk" means a workman employed to do clerical labour.

(b) "The establishment" means (Here insert the name in full of the establishment and place and district in which the establishment is situated)

(c) "Manager" means the person for the time being managing the establishment.

3. (1) Clerks shall be classified as:

(a) Permanent Clerks;

(b) Probationary Clerks;

(d) Part-time Clerks;

(2) (a) "Permanent Clerks" means a clerk whose appointment has been confirmed in writing by a Manager or any other officer authorised in that behalf and includes a clerk who has completed a probationary period of three months in the aggregate in the same or another clerical post in the establishment, whether or not he may be acting in a supervisory Post.

(b) "Probationer" means a clerk who is provisionally employed to fill a permanent vacancy or post and who has not completed three months' service in the aggregate in a clerical post in the establishment. Absence on sick leave or due to accident or any other reason shall not be included in computing the probationary period.

(c) "Temporary Clerk" means a clerk who has been appointed for a limited period of work which is of an essentially temporary nature or who is employed temporarily as an addition clerk in connection with temporary increase in work of a permanent nature.

(d) "Part-time Clerk" means a clerk who is employed to do work for less than the normal period of working hours.

4. Every clerk at the time of his appointment, confirmation, promotion or reclassification shall be given a written order specifying his appointment, confirmation, promotion or reclassification as the case may be, and signed by the Manager.

5. (a) Notices, showing the periods and hours of work for every class and group of clerks in the establishment and for each shift shall be displayed on notice boards maintained for the purpose in the departments concerned, at the establishment.

(b) Any clerk required to work for a different period shall be notified to that effect in advance.

6. (a) Notice specifying (I) the weekly holiday, (ii) the dates on which compensatory holidays, if any, will be allowed, (iii) the days on which wages are to be paid shall be displayed on the notice boards.

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

7. A register specifying basic starting pay, grades and scales of pay, if any, for each class of clerk and for each class of work shall be maintained and be open to inspection on two working days in each month.

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

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

(c) Whenever an additional shift is started or shifts are altered or discontinued, a fourteen days notice shall be given, but if a result of the discontinuance of the shift any permanent clerk is likely to be discharged, a notice of one month will be given.

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

(e) On restarting of a shift, notice thereof shall be given in a newspaper having wide local circulation and the clerks discharged as a result of discontinuance to the shift, if they present themselves within seven days of the publication of the notice, be given preference for employment according to their length of service.

(2) The Manager may close down any department or section of a department after giving one month's notice to the clerks. Before reopening such department or section, as the case may be, seven days notice thereof shall be given.

(3) The Manager may close down the whole establishment after giving one month's notice to the clerks. Seven days public notice of the restarting of the establishment shall be given.

(4) Notices of,-

(i) Starting, restarting, alteration and discontinuance of shift working;

(ii) The closure and reopening of a department or section of a department; and

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

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

9. (1) All clerks shall be at work in the establishment at the time fixed and notified. Clerks attending late shall be liable to the deductions provided for the Payment of Wages Act, 1936.

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

(3) Deductions may be made from wages for the periods of absence under Clause (1) and (2) of Section 9 in accordance with the provisions of the Payment of Wages Act, 1936, in all cases to which it applies.

10. Weekly holidays and compensatory holidays where admissible shall be allowed on full wages (including allowances).

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

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

12. Sick leave, if due, shall be granted in continuation of maternity leave for female clerks subjects to the provisions of Clause (2) of Standing Orders.

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

14. All holidays, including the weekly holidays, falling within the period of any kind of leave, shall be treated as leave.

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

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

16. (1) Every clerk shall be entitled to casual leave not exceeding 10 days in the aggregate in a calendar year.

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

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

(4) Gazetted and Public holidays and Sundays cannot be perfixed or suffixed to casual leave except with the previous permission of the Manager.

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

17. A record shall be maintained in a register of all leave of absence which is sanctioned, refused or postponed and reasons for refusal or postponement shall in ever case be entered therein. The register shall be open to inspection by any clerk.

18. No clerk shall enter or leave the premises of the establishment, except by the entrances appointed for the purpose.

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

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

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

(4) Subject to the provisions of the above clauses, any member of a Joint Committee or Works Committee may be present at search made under this Standing Order.

20. In the event of the closure of the establishment or a department or part thereof, if the services of a permanent clerk are dispensed with, he shall when the establishment or part thereof, as the case may be, is restarted be given an opportunity to serve in a post substantially similar in pay and status to the post he was holding at the time of closure provided he reports for duty within three days of the reopening of which fifteen days' general notice shall be given in a local newspaper having wide circulation.

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

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

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

(4) If any permanent clerk leaves the service without giving notice, he shall be liable to be sued for damages.

(5) All classes of clerks, other than those appointed on a permanent basis may leave their services; or the same may be terminated without notice or pay in lieu of notice; but the services of a temporary clerk shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Standing Order 23.

(6) Where the employment of any clerk is terminated or when he leaves the services, the wages earned by him and all other sums due to him shall be paid before the expiry of the second working day from the day on which his employment is terminated or he leaves the service.

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

22. Any of the following acts or omissions on the part of the clerk shall amount of misconduct,-

(a) Wilful insubordination or disobedience, whether alone or in combination with others to any lawful and reasonable order of a superior;

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

(d) Theft, fraud or dishonesty in connection with the employer's business or property;

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

(f) Absence without leave or over staying sanctioned leave without sufficient grounds or proper or satisfactory sanctioned explanation;

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

(h) Habitual breach of any Standing Orders or any law-applicable to the establishment or any rules made thereunder;

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

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

(k) Drunkenness, riotous, disorderly or indecent behavior on the premises of the establishment;

(l) Commission of any act subversive of discipline or good behavior on the premises of the establishment;

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

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

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

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

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

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

(s) Disclosing to any unauthorised person any information with regard to the process of the establishment which may come into the possession of the clerk in the course of his work.

(t) Gambling within the premises of the establishment;

(u) Smoking on the premises of the establishment where it is prohibited by the employer.

22-A. The age for retirement or superannuation of the workman may be 58 years or such other age as may be agreed upon between the employer and the workman by any agreement, settlement or award which may be binding on the employer and the workman under any law for the time being in force.

23. (1) A clerk guilty of misconduct may be:

(a) warned or censured, or

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

(c) suspended by an order in writing signed by the Manager for a period not exceeding four days, or dismissed without notice.

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

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

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

(5) A clerk against whom any action is proposed to be taken under sub-clause (b) or (c) of Clause (1) may be suspended pending the enquiry or for the period, if any allowed to him for giving him explanation. The order of suspension may take effect immediately on its communication to the clerk. If as a result of the enquiry held or explanation tendered, it is decided not to take any action under Clause (1), the clerk shall be deemed to have been on duty and shall be entitled to full wages and all privileges for the full period of the suspension.

(6) In awarding punishment under this standing order the Manager shall take into account the gravity of the misconduct, the previous record, if any, of the clerk and any other extenuating or aggravating circumstances that may exist:

Provided that in the case of clerks to whom the provisions of Clause (2) of Article 311 of the Constitution of India apply the provisions of that article shall be complied with.

24. A clerk may be warned, censured or fixed for any of the following acts and omissions,-

(a) absence without leave without sufficient cause;

(b) late attendance;

(d) neglect of work;

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

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

(g) Committing nuisance on the premises of the establishment.

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

Provided that no clerk shall be fined, where the provisions of the Payment of Wages Act, 1936, apply except in accordance with such provisions.

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

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

The clerk and

(i) any other clerk of his choice, or

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

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

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

26. The decision of the Manager upon any question arising out of, in connection with, or incidental to these Standing Orders shall be subject to an appeal to the Proprietor, except where the Manager is himself the proprietor.

27. Every clerk other than a temporary clerk who leaves service, or retires, or is dismissed or discharged shall without avoidable delay be given a service certificate if he asks for one.

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

(c)(i) any Notice, order, charge-sheet, communication or intimation which is personal, i.e., is meant for an individual clerk and is given in writing under these Standing Orders shall be as for as possible in the language understood by the clerk concerned.

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

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