1. These orders shall come into force on
2. Classification of workmen.
(a) Workmen shall be classified as-
i. Permanent
ii. Probationers
iii. Badlis or substitutes
iv. Temporary
v. Casual
vi. 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, lockout, 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 month's 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 on a temporary basis for work which is of a temporary duration or is likely to be furnished within a limited period.
(f) A “Casual” workmen 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)
Tickets.- (1) Every workman shall be given a permanent ticket unless he is a probationer, temporary, substitute, 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 authorised by the Employer to inspect it.
(3) Every substitute shall be provided with a “substitute” card on which shall be entered the days on which he was 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 shall surrender on his discharge.
(5) Every causal worker shall 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.
3A (I)Maintenance of Service Records---- Matter relating to Service Card, certificate of service, Residential address of workman and record age.
(i)Service card ----- Every Industrial Establishment shall maintain a service card in respect of each workman in the form appended to these orders, wherein particulars of that workman shall be recorded with the knowledge of that workman and duly attested by an officer authorised in this behalf together with date.
(ii) Certification of service---- Every workman shall be entitled to a service certificate, specifying the nature of work(designation and the period of employment indicating the days, months, years),at the time of discharge, termination, retirement or resignation from service.
(iii) Residential address of workman---- A workman shall notify the employer immediately on engagement the details of his residential address and thereafter promptly communicate to his employer any change of his residential address .In case the workman has not communicated to his employer the change in his residential address, his known address shall be treated by the employer as his residential address for sending any communication.
(iv) Record of age---(a) Every workman shall indicate his exact date of birth to the employer or the officer authorised by him in this behalf, at the time of entring service of the establishment. The employer of the officer authorised by him in this behalf may before the date of birth of a workman is entered in his service card, require him to supply:
(i) his matriculation of or school leaving certificate granted by the board of secondary education or similar educational authority;or
(ii) a certified copy of his date of birth as recorded in the registers of a municipality, Local, authority or panchayat or register of births;
(iii) in the absence of either of the aforesaid two categories of certificates, the employer or the officer authorised by him in this behalf , may require the workman to supply, a certificate from a Government medical Officer not below the rank of an assistant surgeon, indicating the probable age of the workman; provided the cost of obtaining such certificate is borne the employer;
(iv) Where it is not practicable to obtain a certificate from a Government Medicall Officer , an affidavit sworn either by the workman or his parents, or by a near relative , who is in a position to know about the workmans actual or approximate date of birth , before a First Class Magistrate or Oath Commissioner as evidence in support of the date of birth given by him.
(b) The date of birth of a workman, once entered in the service record or the establishment shall be the sole evidence of his age in relation to all matters pertaining to his service including fixation of the date of his retirement from the service of the establishment. All formalities regarding recording of the date of birth shall be finalise within three months of the appointment of workman
(c) Cases where the date of birth of a workman had already been decided on the date these rules come into force, shall not be reopened under these provisions.
Note:- where exact date of birth of a workman is not available and only the year of birth is established then the 1st July of the said year shall be taken as the date of birth.
(2) Confirmation – The employer shall in accordance with the terms and conditions stipulated in the letter of appointment, confirm the eligible workman and issue a letter of confirmation to him. Whenever a workman is confirmed, an entry with regard to the confirmation shall also be made in his service card within a period of 30 days from the date of such confirmation.
(3) Age of retirement ----- The age of retirement retirement or or superannuation of a workman shall be as may be agreed upon between the employer and the workman under an agreement or as specified in a settlement or award which is binding on both the workman and the employer. Where there is no such agreed age, retirement or supperannuation shall be on completion of 58 years of age by the workman.
(4) Transfer-A workman may be transferred according to the exigencies of work from one shop or department to another or from one station to another or from one establishment to another under the same employer:
Provided further that workman is transferred from one job to another which he is capable of doing and provided also that where the transfer involves moving from one State to another such transfer shall take place , either with the consent of the workman or where there is a specific provision to that effect in the appointment letter and provided also that (I) reasonable notice is given to such workman and (ii) reasonable joining time is allowed in case of transfers from one state to another. The workman concerned shall be paid travelling allowance including the transport charges and fifty per cent thereof to meet the incidental charges
(5) Medical aid in case of accidents –Where a workman meets with an accident in the course of or arising out of his employment, the employer shall at the employers expense, make satisfactory arrangement for immediate and necessary medical aid to the injured workman and shall arrande for his further treatment, if considered necessary by the doctor attending by him. Whenever the workman is entitled for treatment and benefits under the employees State Insurance Act 1948 or the workmans compensation Act 1923 the employer shall arrange for the treatment and compensation accordingly.
(6) Medical Examination –Wherever the recruitment rule specify medical examination of a workman on his first appointment, the employer shall, at the employers expense, make arrangements for the medical examination by a registered medical practitioner.
Secrecy---- No workman shall take any papers, books, drawings, photographs, instruments, apparatus,documents or any other property of an industrial establishment out of work premises except with the written permission of his immediate superior, nor shall be in any way pass cause to be pass or disclose or cause to be disclose any information or matter concerning the manufacturing process, trade secrets and confidential documents of the establishment to any unauthorise person, company or corporation without the written permission of the employer.
Exclusive service------ A workman shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the establishment, which may adversely effect the interest of his employer.
4. Publication of Working Time.- The periods and hours of work for all classes of workers in each shift shall be exhibited in English, Malayalam and if more than 20 percent of the total workmen speak any other language in that language also on Notice Boards maintained at or near the main entrance of the Establishment and 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 posted on the said Notice Board.
6. Publications of wage-rates.- Notices specifying the rates of wages payable to all classes of workmen and for all classes of work shall be displayed on the said notice Boards A list specifying the number of a workmen working in each category shall also be displayed on the notice Board along with the notice specifying the rate of wages.
7. Shift Working.-More than one shift may be worked in a department or departments or any Section of a department or 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 shallbe effected Act, 1947 (Central Act XIV of 1947), and the rules made there under. If shift working is re-started 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 change 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 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 latecoming .- All workmen shall be at work at the establishment at the time fixed and notified under paragraph 4, Workmen attending rate up to a period of half an hour shall be admitted for work and such workmen are liable to the deductions provided for in the Payment of Wages Act, 1936.
9. Absence without permission.- Any workmen who after presenting his ticket, card or pass leaves his proper place or places of work during any period of the working hours without permission or without any sufficient reason shall be liable to be treated as absent for such period,
If however he leaves the premises of the industrial establishment during working hours without permission, he shall be liable to be treated as absent for the whole day in case his absence commences before the recess period and for half a day in case his absence after the recess period.
If the workmen is absent from the premises of the industrial establishment with the permission of the head of the department, his wages for the actual period of absence only shall be liable to be deducted.
The deductions from wages to be made for the periods of absence under this order shall be made in accordance with the provisions of the Payment of Wages Act,1936.
10. Leave.- (1) Leave with wages will be as provided for in Chapter VIII of the Factories Act 1948 (Central Act LXIII of 1948 in the case of workmen employed in the factories and in the case of those employed in plantations leave with wages shall be allowed as provided for in Chapter VI of the Plantations Labour Act, 1951 (Central Act LXIX of 1951). Other holiday shall be in accordance with law, contract, customs and usages.
(2) A workmen 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 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 employer or the officer specified in this behalf by the employer at least one day prior to expiry of the first spell of leave. The employer or the officer specified in this behalf by the employer shall sent a written reply either granting or refusing the 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. No leave shall be refused or postponed except on sufficient reason recorded in writing.
(3) A workman who remains absent beyond a period of eight days without leave, will be liable to forfeit his lien in the post if he fails to give reasonable cause for his absence upon a notice being issued by the management to show cause why is lien in the post should not be terminated.
11. 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 !or more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be fore-seen. Ordinarily the previous permission of the head of the department in the establishment shall be obtained before such leave is taken 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.
12. Entrance and exit through the proper gate.—The workman shall not enter or leave the premises of the industrial establishment except by the gate or gates, appointed for the purpose.
13. Search by the gateman.—All male workers shall be liable on leaving the premises of the industrial establishment to be searched by the gateman and all female workers shall be liable to be detained by the gateman for search by he female searcher if acting without malice, the gateman suspects that any worker is in wrongful possession of property belonging to the industrial establishment, provided, that no search shall be made except in the presence of two other persons of the same sex as the suspected worker.
14. Payment of unclaimed wages.—(1) Any wages due to a workman but not paid on the usual pay day on account of their being unclaimed shall be paid by the employer on such unclaimed wage pay day in each week, as may be notified to the workman, following the date on which a substantiated claim was presented by the workman, or on his behalf by his legal representative, provided that such claim is submitted within three years from the date on which the wages be-came due to the workman.
(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.
15. 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 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 departments concerned and at the office of the employer and 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 one hour after the commencement of the stoppage. If the period of the detention does not exceed one hour, the workman so detained shall not be paid for 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 earnings for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppages. Wherever practicable, reasonable notice shall be given or resumption of normal work and all workman laid of who present themselves for work when the normal working is resumed shall have prior right of reinstatement.
(3) In cases where workmen are laid off for short periods on account of failure of plant or temporary curtailment of production compensation, shall be paid to the workmen laid off in accordance with the conditions laid down in sections 25A to 25E or the Industrial Disputes Act, 1947, where 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 provided that not retrenchment of workman shall be made except under conditions relating to retrenchment as provided in Sections 25F, 25FF, 25FFF, 25G and 25H of the Industrial Disputes Act, 1947:
Provided that such termination of service shall not affect the period of employment of those workmen for the purpose of section 5 of the Maternity Benefit Act 1961 (Central Act 53 of 1961), if they rejoin service within a period of sixty days.
(4) In the event of a strike affecting either wholly or partially any section or department of the establishment the employer may subject to the provisions of the Industrial Disputes Act, 1947 or any Rules made thereunder close down either wholly or partially such Section or department and any other section or department affected by such closing down and for any period or periods. The fact of such closure shall be notified by notices put on the notices 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.
16. Termination of employment.-(1) Except where the contract of service other wise provides the employment of a permanent workmen shall not be terminated without giving one month’s notice in writing either by the employer or the workman in the case of monthly-rated workmen and two week’s notice in the case of other workmen or one months’ or two weeks, pay, as these case may be, in lieu of notice. The reasons for the termination of service shall be recorded in writing and shall be communicated to the workman, if he so desires at the time of discharge.
(2) No temporary workman, whether monthly-rated, weekly-rated or piece-rated and on probationer or substitute shall be entitled to any notice or pay in lieu thereof if his services are terminated, but the service of a temporary workman shall not be terminated as a punishment unless he has been given opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph17.
(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.
(4) No retrenchment of workmen shall be made except as provided under section 25F, 22FF, 25FFF, 25G, 25H of the Industrial Disputes Act 1947.
17. Disciplinary action for misconduct.-(1) A workman may be fined up to two percent of his wages in month for any of the following acts and omissions. Namely:-
NOTES
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 fund 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 other, 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 o 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 behaviour during working hours at the establishment or any act subversive of discipline.
(i) Habitual negligence or neglect of work.
(j) Frequent repetitions of any act or omission for which a fine may be imposed to a maximum of two percent of the wages in a month.
(k) Striking work or inciting others to strike work with another or other in contravention of any lawful and reasonable order of a superior.
(l) Striking work or inciting other to strike work in contravention or the provisions of any law, or rule having the force of law.
(m) Engaging in trade within the premises of the industrial establishment.
(n) Habitual breach of any rules or instructions for the maintenance and running of any department of the cleanliness of any portion of the premises of the industrial establishment.
(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 sub-clause (a) shall be entitled to subsistence allowance as provided in the Kerala payment of subsistence Allowance Act, 1972(27 of 1973)”.
(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 enquiry shall be recorded in Hindi or in English or in the language of the State where the industrial establishment is located, whichever is preferred by the workmen.
(bc) the proceedings of the inquiry shall be completed within period of three months. Provided that the period of three months may for reason to be recorded in writing, be extended by such further period as may be deemed necessary by the enquiry 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 charged 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 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 provision 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 enquiry, or as the case may, 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 workmen concerned not taking up any employment during the period of suspension.
(5) In awarding punishment under the Standing Order, the authority imposing the punishment shall take in to 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 authority imposing the punishment shall be supplied to the workman concerned.
(6) (a) A workman aggrieved by an order imposing the punishment, may within twenty one days from the data of receipt of the order, appeal to the appellate authority;
(b) the employer shall, for the purpose of clause (a) specify the appellate authority;
(c) the appellate authority, after giving an opportunity to the workmen of being heard, shall pass such order as he thinks proper on the appeal within fifteen days of its receipt sand communicate the same to the workmen in writing.
18. Complaints.- All complaints arising out of his employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent or servant shall be submitted by a workman or on his behalf by a union of which he is a member, to the Manager or such other officer or officers as the employer may appoint in this behalf, against whose decision an appeal shall lie to the employer. The Manager or such other officer or officers shall personally investigate the complaint at such times and places as he or they may fix and the complainant-workman or 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 his employer or his agent or servant, a copy of the order finally made 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 by him shall be intimated to the complainant.
Provided that complaints relating to-
(1) assault or abuse by any person holding a supervisory position; or
(2) refusal on application for urgent leave shall be enquired into without avoidable delay by the Manager or such other officer or officers as he may appoint:
19. Certificate on termination of service.-When any probationer or permanent workmen is summarily dismissed, or discharged, or leaves the service of the industrial establishment or is granted leave of absence he shall except in cases of general retrenchment, closing down of departments, strike or lockout; be given a written order in the form prescribed by the employer.
Every permanent employee shall be entitled to a service certificate at the time of leave the service, dismissal or discharge.
20. Liability of employer.- The Employer of the establishment shall personally be held responsible for the proper and faithful observance of the Standing Orders.
21. Exhibition of Standing Orders.- A copy these orders in English, Malayalam and if more than 20per cent of the total speak any other language in that language also shall be pasted **** on a notice board maintained at or near the main entrance to the establishment and shall be kept in legible condition.