Standing Orders in respect of M/s
1. Commencement.--These standing orders shall come into force with effect from in accordance with Section 7 of the Industrial Employment (Standing Orders) Act, 1946, and the rules made thereunder, and shall apply to all workmen employed by M/s provided that the employer may frame different sets of standing orders for different categories of workmen.
2. Definitions.--In these standing orders unless the context otherwise requires--
(a) “the company” means M/s
(b) “the Manager” means the person designated as such and where the establishment is covered under the Factories Act, 1948, the person whose name has been notified to the Chief Inspector under Section 7 of the said Act and shall include the acting Manager when the Manager is absent provided he is duly authorised to act as such by the company;
(c) “workman” means a workman as defined in Section 2(i) of the Industrial employment (Standing Orders) Act, 1946;
(d) “season” means the period or periods of each year during which the principal operation of a seasonal understanding is carried on;
(e) “Notice” means a notice in writing required to be given or to be posted for the purpose of these standing orders;
(f) “notice-board” means the notice-board maintained in a conspicuous place at or near the main entrance of the Works Buildings for the purposes of displaying notices required to be pasted or affixed under the provisions of the standing orders and includes in the case of employees working in a particular department of the works, the notice-hoard maintained in such department or departments;
(g) “muster roll” means all registers wherein the attendance of the workmen is marked and maintained under any of the Labour Laws;
(h) “medical certificate” means a certificate granted by a registered Medical Practitioner;
(i) words importing the singular number shall include the plural number and vice versa.
(j) words importing the singular number shall include the plural number and vice versa.
3. Classification of workmen.--The workmen shall be classified as under:--
(a) permanent;
(b) probationers;
(c) temporary;
(d) Badli or substitutes;
(e) casual;
(f) apprentice.
(a) a ‘permanent workman’ is a workman who has been engaged on a permanent basis and included any person engaged against a permanent post and confirmed as such in accordance with sub-clause (b) below;
(b) (i)A ‘probationer’ is a workman who is provisionally employed to fill vacancy in a permanent post and has not been confirmed as permanent in accordance with these standing orders. Ordinarily the period of probation shall be 6 months, but it may be extended by a period of three months at a time at the direction of the management, if the management considers it necessary in any case to further adjudge the work and merits of a workman. the maximum probation period shall, however in no case extend beyond one year.
(ii)In computing the period of probation the days on which the workman was absent due to authorised leave, sickness, maternity leave, accident, lock-out or a strike (which is not illegal) or temporary closure of the undertaking shall be included.
(iii)If a workman continues in service on the expiry of the 13th (thirteenth) month of service, he shall be deemed to have been automatically confirmed in his appointment.
(iv)If a permanent workman is employed as a probationer in a new post or a vacancy and his work during probation is not found satisfactory, he may at any time during the probationary period be reverted to his substantive post and shall not lost his lien on his permanent post on this account.
(c) 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.
(d) A “Badli” or “substitute” workman is a workman who has been appointed in the post of permanent workman or a probationer, who is temporarily, absent.
(e) A ‘casual workman’ is a workman who is employed for work of a casual nature.
(f) An ‘apprentice’ is a learner who is engaged for training in a job, trade or craft for a specified period to be expressed in the contract of appointment irrespective of his being paid an allowance or not for the training and of the understanding of his subsequent absorption in the establishment.
Note 1.--An employer may provide different period of probation for different categories of workmen of his establishment subject to the maximum of one year as a clause (b) (i).
Note 2.--Suitable periods of apprenticeship shall be provided in individual units by the management.
4. Appointment letter.--Every workman shall be given an appointment letter in form appended herewith.
Note.--This form shall in fact be an application form for appointment to be filled in duplicate by the applicant as a candidate for the post and one copy thereof shall be returned to him by the management containing orders of his appointment. On this form the management shall incorporate any other conditions of service made applicable to the candidate not inconsistent with the standing orders.
5. Attendance cards and muster rolls.--(1) the name of every workman shall be entered on the muster roll clearly indicting the classification to which he belongs.
(2) Every workman shall be given an attendance card/token/ ticket which shall contain his particulars.
(3) If a workman loses his attendance card, it shall be replaced an application and payment of a sum of twenty-five paise.
6. requirement of enter the premises by certain gate and liability to be searched.--No workman shall enter or leave the premises of the establishment except by the gate or gates appointed for the purpose and clearly marked ‘entrance or exit’
(2) A workman who is off his duty, has resigned, or has been discharged, suspended or declared by a competent medical authority to be suffering from a contagious or infectious disease shall immediately leave the premises of the establishment and shall not other any part of it, except for bona fide purposes and with the express permission of the Manager.
(3) All workmen shall be liable to search with the dignity both at the time of entry and exit at the main entrance by a person of the same sex authorised by the Manager in this behalf and if he so chooses in the presence or a co-workman of his choice, if readily available.
7. 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 or Hindi on the notice-boards maintained at or near the entrance to the establishment and at the Time Keeper’s Office, if any.
8. Publication of holidays and pay days.--Notices specifying (a) the days observed by the establishment as holidays and (b) pay days, in English or Hindi, shall be displayed on the notice-boards maintained at or near the entrance of the establishment and at the Time Keeper’s Office, if any.
9. Publication of wage rates.--Notices specifying the rates of wages payable to all classes of workmen and for all categories of work shall be displayed on the said notice-board..
10. 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.
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 industrial Disputes Act and Rules.
Note.--The Shift working shall be arranged in such a manner of rotation that no workmen shall be permanently in the night shift.
11. Attendance and late coming.--All workmen shall be at work in the establishment at the time fixed and notified. employees attending late by more than five minutes of the starting time may, at the discretion of the management be shut or allowed to resume work and shall be liable to the deductions provided for in the Payment of Wages Act, 1936 and the rules made thereunder. Habitual late attendance shall be treated as misconduct.
12. Absence.--(a) Any workman, who after presenting his ticket, attendance card or token or after clocking in, is found to be absent from his proper place of duty during working hours without permission or with any such reasons as may be beyond his control, shall be liable to be treated as absent from duty for the period of such absence.
(b) If, however, a workman is absent from the premises of the establishment during hours of his duty without proper permission, he shall be treated as absent for the whole day in case the absence commences before the recess period and do for half day in case it commences after the recess period. such a workman shall be liable for deduction in his wages in accordance with the provisions of the Payment of Wages Act, 1936 and the rules made thereunder, provided further that this will be without prejudice to any disciplinary action which may be taken against him: Provided further that if ten or more workmen acting in concert absent themselves without giving 15 days notice in writing and without reasonable cause , the management shall be entitled to deduct up to 8 days of wages of the workmen as per Section 9(2) or the Payment of Wages Act, 1936.
(c) A workman shall be deemed to be absent, if he fails to attend to his duty, unless he has obtained prior permission for such absence from the competent authority and in case of unforeseen circumstances made an application to this effect within forty-eight hours of the commencement of the absence.
13. Payment of wages.--(1) All workmen shall be paid wages on a working day before the expiry of the seventh day of the wages period in respect of which the wages are payable if the number of workmen employed by establishment does not exceed one thousand and before the expiry of the tenth of the day of such wage period in all other cases.
(2) Any wages due to a workman, but not paid on the usual pay day on account of their having remained unclaimed shall be paid on unclaimed wages pay day which day shall be notified on the notice-board in English and Hindi and shall be notified before the twentieth day from the expiry of the wage period.
(3) Unclaimed wages of a deceased workman shall be paid to his legal nominee or legal heirs before the expiry of the third working day on which a substantiated claim is presented by his nominee or heir or on his behalf by a legal representative, provided such a claim is submitted within three years of the death of the workman. for this purpose a claim shall be considered to be substantiated, if it is certified by any Gazette Officer or a Municipal commissioner, M.L.A. or a Sarpanch of the Village of the deceased workman or of his heir. However, where a deceased workman has already declared his nominee under the Provident Funds Act, he will be considered as rightful claimant and heir for the unclaimed wages.
(4) All unclaimed wages shall be kept for payment to the workmen or the legal heirs or legal nominees for three years from the period they are due to be paid after which period these shall be remitted to the Welfare Commissioner for the purposes provided for under the Punjab Labour Welfare fund Act, 1965, and the rules made thereunder.
(5)_Where the employment of any workman is terminated which term shall include resignation the wages earned by him and his other dues payable by the management shall be paid before the expiry of the second working day from the day on which he comes to be in the employment of the establishment provided the workman has handed over the possession of the quarter, tools, furniture and all other property of the company entrusted to him.
14. National and festival Holidays and Casual and Sick Leave.--National and festival holidays, casual and sick leave shall be granted to all workmen if accordance with the provisions of the Punjab Industrial Establishments (National and Festival holidays and Casual and Sick Leave) Act, 1965 and the rules made thereunder or in accordance with any settlement agreement or award, whichever is more beneficial to the workman.
15. Maternity Benefit leave.--Maternity benefit leave shall be allowed as provided in the Maternity Benefit Act, 1961, and the Employees State Insurance Act, 1948.
16. Previleger earned Leave.--Leave with wages shall be allowed to all workmen in accordance with Chapter VIII of the Factories Act, 1948. A workman, who desires to avail of his leave due under the Factories Act otherwise than in accordance with the scheme approved by the Chief Inspector of factories under Section 79(8) and (9) shall apply to the Manager for it in the manner prescribed below:--
(1) An application shall be made in writing to the Manager or the person authorised and notified for the purpose stating clearly the date from which the leave is required, reasons warranting the grant of such leave and the duration for which it is required giving the address for communication during the period of leave and shall be submitted to the Officer notified for the purpose or the Manager, at least 15 days in advance, if the leave is for a duration longer than three days and two days, in advance by the duration applied for is less than three days except when it is on medical grounds, death or serious illness in the family, accident or fire in the personal house or any such natural catacropic or which case the application may be made the same day. Orders on the leave application shall be passed without delay and always before the leave applied for is to commence or within twenty-four hours of the receipt of the application in case it is received on the same day under the circumstances mentioned above and shall be communicated to the workman and in the alternative it shall be presumed that the leave applied for has been sanctioned to the workman.
(2) If the leave applied for is granted, a leave pass shall be issued to the workman. If it is refused, the fact of such refusal shall be communicated to the workman before the leave applied for is to commence.
(3) In the event of a workman desiring extension of the originally sanctioned leave or a subsequently extended and sanctioned leave, he shall make an application in writing to the Manager specifically stating the reasons warranting such an extension and shall submit it sufficiently in advance of the expiry of the leave allowed. the Manager or any other authorised person on his behalf shall as soon as possible on receipt of such application inform the workman on the address given by the applicant whether the extension applied for has been sanctioned or refused. Reply shall be sent without delay under certificate of posting. If the workman desires a telegraphic reply by the management he shall send a reply paid telegram.
(4) If the workman remains absent without sanctioned leave or beyond the period of leave originally granted or subsequently extended he shall lose his lien on his appointment unless (a) he returns within 10 days of the commencement of the absence or the expiry of the leave and (b) explain to the satisfaction of the Manager and reason of his absence or his inability to return on the expiry of the leave, as the case may be.
In case he loses his lien on his appointment, he shall be entitled to be kept on the badlis list where there is Badli system.
17. Termination of employment and resignation.--(1) Where it becomes necessary to terminate the service of a permanent workman due to reasons to be recorded in writing, such reasons being reasons other than misconduct, retrenchment or close down, such as his being declared by the Government as a traitor or a person likely to jeopardize the safety of the establishment, and subject to the provisions of the Employees State Insurance Act and workmen’s Compensation Act or a workman who develops serious defect in the eye-sight or hearing or mental deficiency, on e month’s notice in writing shall be given by the management or salaries in lieu thereof to the workman concerned.
(2) No notice shall be necessary for the termination of the services of any other class of employees. the above provisions shell not however, absolve the management of their obligation to abide by the provisions of the Industrial Disputes Act, 1947, or any other law for the time being in force for the termination of services by way or retrenchment or otherwise
(3) If a permanent workman intends to do so in writing to the management or may, if he wants to be relieved earlier, surrender in lieu thereof wages equivalent to the days for which the notice falls short of one month. But if the exigencies of the work so require, the management may refuse to relieve him earlier than the entire period of the notice has run out.
18. Stopping of annual increments.--Unless there is an order stopping the annual or periodical increment of a workman and if no orders are passed withholding such increment within one month of the completion of each year of service in the cadre, the workman if he is employed on a job carrying a grade of scale of pay, shall be deemed to have earned that increment and shall be entitled to its grant with arrears of payment.
19. Complaints and grievances procedure.--Any workman having a cause for complaint about his work or working conditions shall have a right to present his case for investigation and consideration within two days of the arising of the cause. The procedure for its redress shall be as follows:--
Stage I.--A workman desiring to raise any question in which he is directly concerned shall in the first instance discuss it with his immediate supervisor or his sectional head.
Stage II.--Failing a satisfactory solution of his problems by his immediate supervisor or his sectional head, as the case may be, within three days the workman may request the consideration of his case by the Grievance Committee which shall be constituted as under:--
(a) Two members to be nominated by the management
(b) Two representatives of the workmen to be nominated by the concerned workman.
(c) the Manager or any other officer of the establishment notified in this behalf shall be the Chairman of this committee, but he will not vote in case of a division.
(d) The committee shall be constituted by the Management in the presence and with the approval of the Labour Officer or Conciliation Officer of the area.
Stage III.--Failing a satisfactory solution by the Grievance Committee within one week the workman may raise a regular industrial dispute.
20. Disciplinary action of misconduct.--(1) the following acts and omissions shall be regarded as acts of misconduct:--
Note.-- this list is illustrative and not exhaustive.
(a) wilful 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) wilful 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 breach of any law applicable to the establishment.
(g) habitual late attendance.
(h) riotous or disorderly behaviour during working hours at the establishment.
(i) Gross negligence or habitual neglect of work.
(j) Habitual repetition of any act or omission for which a fine may be imposed.
(k) Striking work illegally of inciting others to strike work illegally.
(l) Smoking in places where smoking is prohibited by a notice duly displayed.
(m) Sleeping while on duty.
(n) Wilful and deliberate slowing down of work or inciting others to slow down.
(o) Conviction by a court of law for an offence involving moral turpitude;
Note.--If the workman is subsequently acquitted by the Court of law he shall be reinstated.
(p) threatening, intimidating, abusing or assaulting any superior or a co-worker in connection with the employers business.
(q) (sic) likely to jeopardise the salary of the establishment.
(r) Borrowing from a subordinate.
(s) wilful tampering with any safety devices installed in the establishment.
(t) Drunkenness or intoxication while on duty.
(u) Refusal to undergo training in Firstaid and Air-raid precautions without cogent reasons.
(v) distribution of pamphlets and holding of meetings in the premises without permission.
(w) Any other act subserves of discipline.
2. The services of a workman shall not be terminated on the ground of misconduct unless he has been adjudged guilty of misconduct after a domestic enquiry held in the manner prescribed below:--
(a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of my offence are under investigation or trail 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 charge-sheet shall also served on the workman within a week from the date of suspension setting out the details of the alleged misconduct and shall contain the name of the enquiry officers and the place where the enquiry shall be held. The workman shall be given an opportunity for explaining the circumstances alleged against him. such a workman may be assisted by another workman of the choice of the workman or an office bearer of a trade union of when he is a member. If the workman refuses to accept the charge -sheet in the presence of another workman, it shall be pasted on the notice board and shall be deemed to have been served on him. If the workman fails to present himself as the proper place before the Enquiry Officer to participate in the enquiry the enquiry shall be proceeded ex-parte.
(aa) the proceedings of the enquiry shall be recorded in Hindi or English as is preferred by the workman.
(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 60 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 60 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 60 days for reasons directly attributable to the workman the subsistence allowance shall, for the period exceeding 60 days, reduced to 1/4th of such basic wages, dearness allowance and other compensatory allowances.
(ii) Where the enquiry is by an outside agency 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) (sic) 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 a workman is found guilty under clause (c) above and it is considered that the period of suspension up to the conclusion of the enquiry was sufficient punishment orders shall be passed to reinstate the workman and treating the without any (sic) period excepting the suspension allowance admissible: Provided that this period of suspension shall not exceed 30 days.
(e) If one 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.
(f) 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.
(g) 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.
(h) A copy of the orders passed by the manager shall be supplied to the workman concerned, whereupon the order shall become operative, if the workman makes an application a copy of the enquiry proceeding shall be supplied to him without delay.
21. 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.
22. Liability of the Manager.-- the manager of the establishment shall be held personally responsible for the proper and faithful observance of these Standing Orders.
23. 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 marked “Standing Order” and shall be kept in a legible condition.
(2) In case of any conflict in the meaning of the Standing Orders in English or Hindi language the English text shall be taken to be kept in a legible condition.