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• THE MADHYA PRADESH INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1963 [Published by Labour Department Notification No. 9556-9727-XVI, dated the 26th December; 1962, vide M.P. Gazette; dated 1st February 1963, (Port IV-G}, page56] And as amended subsequently by the following notifications :- S.No. Notification Published in MP Rajpatra I. 2. 3. 4. s. 6. 7. 8. No, Dated Pt. Dated 369-8835-XVI 22.1.1965 4(ga) 28.05.65 968-9050-XVI 27.02.1971 4(ga) 26.03.71 5782-9676-XVI 19.10.1973 4(ga) 02.11.73 1004-1034-XVI 14.02.1975 4(ga) 21.02.15 5167-354t-XVI 07.08.1981 4(ga) 21.08.81 757-273-XVI-A 02.03.1987 4(ga) 27.03.87 932-83-XVI-A 10.3.1987 4(ga) 27.3.87 4(E)l0-91-XVI-A 10.01.1992 EXT. 23.01.92 Page 520 138 770 74 270 '45 51 71 NOTE : In the footnotes appearing hereinafter, refere1,1ce to amending Notifications is made by Serial No. as given to them above. 1. Short title.- These rules may be called the Madhya Pradesh Industrial Employment (Standinii Orders) Rules, 1963. 2. Defi,nitions.- In these rules the context otherwise requires,- (i) "Act" means the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (No. 26 of 1961); (ii) "Annexure" means an aruiexure appended to these rules; (iii) "Form''. means a form appended to these rules; and (iv) "Section" means a Section of the Act. RELEVANT NOTES Indore Development Authority Vs. Indore Development Authority Dally Wages Sub- Engineers Union, 2000 (2) JU 190. Chhayo Bhopotkor Vs. Stole of Madhya Pradesh, 2001 · (4)MPHT 238.Englneer-ln-chlef. PHED Vs. B11dhaRaoMaganle, 2001 (2) JLJ 399,State o/M.P. Vs. Har/ram, 2008 (3) JU 41. 3. Procedure for submission of amendment.-· (I) An application for submission of amendment under sub-Section (I) of Section 7 shall be in Form A. (2) Tho particulani of tho employees for the purpose of subsection (2) of Section 7 sball, in addition to those mentioned in Form A, be u follows : (a) number of employees employed; (b) number of employees employed through contractors);. (c) namo of the trado union or trado uniona, if any, to which the employees bolons; and (d) if the application is by II trade union, tho latest figure of its membership. (3) A sroup of employee a or representatives of employees in tho se.mo industry dcsirou1 of submitting II joint draft of amendmenl8 referred to in 1ub-scclion (3) of Section 7 s~I apply in Form A through a person authorised in this behalf by such group or representatives, as the case may be, and shall in addition to the particulars mentioned in sub-Section (2), fumisb the following particulars along with the draft: (a) list of employees or representatives of employees, as the, case may be, constituting the group with names and addresses in full of each urulertaking; and (b) by a .declaration:.signed jointly by employern or the representatives of the employees in the group to the effect that the undertaking constituting it or that the employees of the undertaking, as the case may be, shall abide by the conditions laid down in the joint draft of amendment. 4. Certification of amendments.- As soon as may be. on receipt of an application under Rule 3, the Certifying Officer, shall forward a copy thereof to (a) the employern when the applicant is the representative of employees, or (b) the representatives of employees-when the appliciaat is the employe~ of the undertaking together with a notice in Form B. - 5. Methods of sendin11 Standing·Orders.- Stiinding orders certified in pursuance of sub-Section (3) of Section 8 shall be sent by registered post· to the employer and the representative of the employees, as the case inay be.: 6. Re&ister of Standing Orders:- The register required to be maintained under Section _12 shall.be in Form_ C and shall be properly bound. The Certifying Officer shall furnish a copy of standing orders io any person applying therefor on payment of a fee of rupees five per ·copy. · · · 1(6-A. Additional matter included in the Schedule.- In the Schedule to the Act after item xiv,· the following item· shall be added namely : • ''XV-Age of Rctircmcnt'1, 7, Framing oi Standing Orders.- '[Subject .to the provisiol)S of Section 6 of the Act, the Standard'Standing Orders for all undertakings to whfcb th¢ Act applies shall be those set out in the Annexun:J. · FORMA [&\? Rule 3) Application for amendment of Standing Orde!:5 Dated the ....................................... day of .................. , .............. · ...... I~ ......... . To The Certifying Officer, ...................... (Place). Sir, I. I hereby apply for the amendment ofthe standing orders applicable in the · following undertakings)• ........................... _.. 2. Address to which reply has to-be filmt ......................... .. 3. (a) The reference of the standing orders to which amendment is sought· . f. ll)Sefted by 3 [2·11-1973). · 2. Substituted by No. 2 (26-3-71). (b) Number of standing order to which amendment is sought 4. (Not applicable when the application is oo behalf of employees) I am entitled to make this application being an employer of the undertaking concerned. OR . I ain entitled to make this application oo. behalf of the group of employers!' representative of employees vide note of authority atta~hed. Plt1ase fill the blank. . S. As an Officer or a representative/approved/registered trade union of the employees·coocerned I am entitled to make this application uoder Rule 3, [Strike off what is not applicable.] 6. Five copies of the draft amendment typewritten on one side of the plper only indicating amendments are enclosed. The justification for the proposed amendments is mentioned ll!lainst each. 7. The particulars required by sub-rules (2) and (3) of Rule 3 are enclosed. Signature ....................... · Statton Desfgnatlon ................... . Name of the -undertaking in case of an employer and name of the trade union in the case of employees. FORMB [&e Rule 4] 1n the matter of certification of amendments to the standing orders for (name and address of the undertakillg) ............... .. To The Employer (Name and address) OR The prescribed representatives of employees (state-whether representative union, approved union, registered trade union, Labour Officer) ........... . A .copy of tlie draft amendments to the standing orders of ....... submitted by ............. is enclosed. Plea$!: take notice that objections, if any, which you.may desire to make to the draft amendments should be submitted to the undersigned within fifteen days from the receipt of the copy of draft amendments along with this notice by.you. . A 'iQPY of the !!lending orders to which amendments· are proposed is also enclosed. · ·P.age ..................... .. Date ..................... . 1. Strike off that portion which is not applicable. Certifying Officer Madhya Pradesh. s. No. (1) FORMC [See Rule ti) ~GISTER Part I- Undertaking Date of the despatch of Date of the copy of slalldiog orders filing appeal authenticated under Section if any 8 for the first time (2) (3) Amendment date of the despatch any notice sub- made on of the copy of sequently given on appeal, standing orders as or received of !fany settled on appeal any amendment. (5) (6) (7) Part II Date and nature of decision (4) Rcsuh (8) (Should contain the authenticated copy of the standing orders) ANNEXURE Standard Standing Orders for all the Undertakings in the State · 1, Definitions,- In these rules, unless the context otlu;mise requires,- (a) ~•Manager" means, if the undertaking is a fiwtory, a person nominated as ~r under the Factories Act, 1948, or a person whom an undertaking shall nominate as Manager for the purposci of these standing orders and includes a person authorised by him. (b) "Season" means the period or periods of each year during which tho principal operations of a seasonal undertaking Is carried on. 2, Cla11ificatlon of Employees.- Employees shall bo classified as-(i) permanent, (ii) permanent seasonal, (iii) probationers, (iv) Badlics, (v) apprentices, (vi) temporary, 1 [and (vii) Bxed tcnn employment's employee :] (i) A 'permanent' employee is one who has completed six months' satisfactory service in a clear vacanco in one or more posts whether aa a probationer or otherwise, or a person whose name hag been entered in the muster roll and who is given a ticket of permanent employee; I. Amended by Notfn. No. P-4 (B) 2-2004-A-XVI, Dated 17-3-2005. Published In M.P. Rajpatra (Asadharun) Dated 17-3-2005 at Page 172. · 1 [ (ii) A 'pennanent seasonal employee• is an who has completed service for a period equal to ']J3 of the duration or a season or three months whichever is less in a clear vacancy and shall be deemed to be a permanent employee for the purposes of these orders); (iii) A 'probationer• means an employee who is provisionally employed to fill a clear vacancy, and who has not completed six months' satisfactory service in the aggregate; · · (iv) A 'badli' employee means an employee who is employed on t1ie post of a pe'nnanent employee, or a probationer or a permanent seasonal employee who is temporarily absent; (v) An. 'apprentice' means a learner; provided that no employee shall be classified as an apprentice if he has had training for an aggregate period of one year; provided further that a longer period of apprenticeship shall be required if prescribed by a law or an award, or by agreement with the representative of employees; (vi) 'temporary employee' means an employee who has been employed for work which is essentially of a temporary character, or who is temporarily employed as an additional employee in connection with the temporary increase in the work of a pennanent nature; provided that in case such employee is required to work continuously for more than six months he shall be deemed to be a pennanent employee, within the meaning of clause (i) above. 2["(vii) ''fixed term employment's employee" means an employee who has been · engaged on the basis of contract of employment for a fixed period. However, his working hours, wages, allowances and olhcr benefits shall not be less than that of a permanent employee. He shall also be eligible for all statutory benefits available to a permanent employee proportionately according to the period of service rendered by him even though his period of employment does not extend to the qualifying period of employment required in the statute.'1 3. Ticket etc .. - (I) The manager shall cause to be entered the name of all employees in the muster roll indicating the classification. · (2) The manager shall arrange to provide every employee except those belonging to the clerical, supervisory or technical peESonnel with a ticket bearing,- (i) the name of the department in which he is working; (ii) date of entry of his service; (iii) his number; and '[(iii-a) the record of daily attendance]; (iv) such other particulars as the manager may think fit. 1. Substituted by No. 1 (28-5-1965]. 2. Added by Notfn. No. F-4 (E) 2-2004-A-XVI, Dated 17-3-2005. 2. Inserted by No. 2 (26-3-71 ]. I . ·. · : If so required by the man~er the employee shall deliver up .his ticket before starting wo~ for the day provtded that tic~ shall be returned to the employee before the .clds_e of the shift. If so required by a person auth_orised by the manager the employee shall sbow it or produce it for entries' being_ made therein. .. For t!)Chnical, supervisoiy personnel and clerks a service book 'may be .provided ins~ of .a ticket, . . · I - . . 1((3) (i) Eveiy badli employee shall be provided with a 'badli card'; on which shall be entered, the days on which he bas worked in the undertaking and which shall be surrendered if he obtains permanent employment. (ii) Eveiy temporary employee shall be provided with a 'temporary card' on which shall be entered the days on which he has worlced in the undertaking and which he shall surrender on his dischaige or being taken on the badli or pennanent register.. I . (iii) Eveiy casual worker shall be proVIded with a 'Casual Cilrd' on which shall be entered the days on which he has worked in the undertaking. . (iv) Eveiy apprentice shall be provided with an 'Appri,iltice:Canf on which shall be entered the days on which he bas worked in the undertaking and which shall be surrendered .if he obtains pennanent employment. (v) The cards referred to in this sub-clause shall also bear the information .specified in sub-clause (2) above.] 4.- Recruitment.- The manager may after .consulting the Employment Exchange lay down' the procedure for recruitment of employees and notify it on the notice board on. which standing orders are exhibited. •· · .- , · · _. · ·· . '(4-A .. Letter or appointment.- Eveiy employee sball be given a letter of appoinbneot, in which among other things. his name, ~e. qualification, designation, classification, )lay-scale, allowance, natl.!re of job, name of department etc., sball be indicated.] . ' · 5, Manner _or intim,ating to employees periods and hours cir work, holidays, pay days and. wage rates.- (a) Notices sbowing the periods and hours of work for eveiy class i1Rd. {VV\IP of eniployees for eiu:h shift in the undertal\ing shall be displayed on notice board maiotaiued for the PIIQlOSC in the department concerned, at the time keqier 's office· and at or near the main entrance of~ ~rtakillg. (b) Notices specifying the "dates on which wages are to be paid," shall be display~ on the notice b~ at the time-keeper's office and at or near the main entrance of the undertakin~. . - . I . . . . (c) Notices specifying the wage rates showing separately the allowances, if any, payable to eiu:h class of time-rated employees and the basis of calculation of wage rates. in respect of piece- rated employees shall be displayed at conspicuous · places inside the departments in which the employees concerned are actually working:· ] . (d) One day in each week shall be notified in the manner provided !11 clause (a) as the day for the payment of wages due to .. any employee but not paid on the usual pay day ou 111:COunt of their being unclaimed, 1. Ins. by No. 2 126-3-711). 2. Ins. by No. 7 127.3.1987) I (e) The unclaimed wages due to an employee shall b.9 paid by the lllAIUiger on the days notified under this .standing order and _following the ·daw, on, whii:h a substantiated claim is presented by the mnployee. or on his behalf by his legal l'\lPresentative. within three years from th.e date on which the wages become due to the employee. . (f) In the "3Se ofbidi manufacturing undertaking the manager shall also display notice of the hours when leaves and to~ shall be distributed anq manufactured bidis shall be received by him, .and the manager shall maintain a m:prd showing for each worker the quantity of leaves and tobacco given to. liim, the- bidis of different kinds manufactured and delivered to the manager by him and the number of bidis rejected as of bad quality. . 6. Shift Working.- (a) Shift working shall be regulated in accordance with the Factories Act, 1948 (No. 68 of 1948), wherever applicable and subject as aforesaid in accordance with any agr~. settlements or awards. (b) Subject as aforesaid more than one shift may be worked in the whole undertaking or in -one or more sections or departments. . (c) Whenever an additional shift started or whenever working hours of the shift are cbaDged, notice of seven days shall be given. (d) Whenever a shift is discontinued notice of one month shall be given, provided. that wherever any permanent employee is. likely to be discharged, notice of three months· shall be given before discontinuing .that .shift. · · (e) Change over of any employee or employees from one shift or another shall he regulated by agreement, settlement or award and in their absence by custom or usage. The manager may, in the discretion, transfer-an employee from one shift to another if such transfer is in the interest of the undertaking. · · (f) Retrenchment of employees as a. result of discontinuance of a shift or shifts shall be regulated in accordance with the provisions of the Industrial Disputes Act, 1947, provided that in case of retrenchment of permanent employee notice of three months as provided in standing orders 6 (d) shall be given before retrenchment. · · (g) If an undertaking proposes to employ additional employees whether on restarting a shift or otherwise the manager shall give the shift' first opportunity-of. · employment to retrenched employees. If an additional shift is started not less than one week's notice shall be put up on the notice board and shall be published in a Hindi newspaper with wide local circulation. · 7. Attendance and late coming.- (a) All employees shall be at work in the undertaking at the times fixed .and notified. Employees attending late may be ·shut out and treated as absent provided that no employee wlio_atteruls within 5 minutes of the starting time shall be shut out. Employee coming late shall ilot be treated as absent without leave but may be given whatever leave may .be .due to them. (b} An employee who is found ab~ent from his proper place of work during working hours, without permission or without any sufficient reason, shall be liable to be treated as absent for the period of his absence, and his wages for the period of absence shall be.liable to be deducted subject to the provisions of Section· 9 of the Payment of Wages Act. . . . . . I . . . 8. Condition and procedure in applying for, and authority which may . grant leave and holidays.- (a) Holidays and leave with or without pay or leave of any other kind shall be regulated by the provisiohs •of die law applicable to the undertaking and subject to the minimum prescrilied under it by custom, usage, · agreement, settlement or award. j . · (b) An .employee who desires to obtain leave of absence shall apply to the · . : pianager or the officer authorised by him, It shall bl: the duty of the manager or the · · officer to pass orders thereon on two days in a week fixed for the purpose, provided . that, if the leave asked for is of an urgent nature; i.e. commences on the date of the application or within three days thereof, orders f6r the grant or refusal ·of leave . shall be communicated without delay. I · . : (c) The grant of leave or in case it is refused such refusal with reasons therefor shall be l'CC9rded on the employee's ticket or servi~ book. . (d) If an employee· after proceeding on leave desires an extension of the leave . granted, he shall make an application in writing forlthe same to the manager or the officer authorised by him, A written reply either of the grant or refusal of such extension shall be sent to the employee at the addres~ given by him in the application for extension. : , . . I . .. -·. · (e) ·An employee remaining absent beyond ,the period of leave originally granted or subsequently extended shall be liable tb lose his lien on-his post and shall .be deemed to have left the service from the date of his unauthorised absence unless he returns within ten days of the expiry of the ijanctioned leave and/or explains to the satisfaction of the manager or the officer .authorised by him, his inability to resume immediately on the expiry of his leave. An ilmi,loyee who so looses his lien but reports for duty within 30 days of the expiry of his leave shall be kept as a badli · if he so desires and his name shall be entered in the badli register. , : 1(8-A.-Holidays.- The employees shall be tntitled to three days national holidays, namely. Republic Day, Independence Day, and Gandhi Jayanti and five days fe!jtival holiday with .full wages every year. [The festival holidays shall be determined. by the employer in consultation with the representatives of employees and a notice indicating the days fixed shall be past4l on the Notice Board: . . Provided. that only those employees who .will actually work either on the preceding <lay; or as the case may be, on the succeeding day of such holiday shall be entitled to avail ,of such holiday: I 1 • • . '[Provided further that nothing in this order shall adversely affect the operation of the tenn of any contract, agreement, settlement or ~ward which is more beneficial ~ employees on·this subject.] · I . '(8-8;.(l) If an employee is required to work on any National holiday or. festival holiday with. wages on account of continuoJ,s process, essential servi~ or under prevailing practices, then he shall be paid for the work done on each National I 1, Ins. by No. 4 [21.2.75]. . . ) 2. Seaindproviso inserted by No 41 Subs. by No, 5 [21.8.1981) .. 3. lns,,~yN~:5:[~1-!-'981)., I ' ... ". ' ! . . ' ~ ! :. ·. holiday or ~tival holiday with. wages, w11ges for holiday, wages for wodc 1lope and . !ldditional wage11, for one day. · ·.·. · . . .. · · . . . . . · ·. · . ·. ." . {i} In respect of employees. getting wages: QD the ~~ of ~enifar:ino11th, if_, ·the National-lioliday or (estival_ holiday is substituted-.in accord:µice w.i~ _the provisions of Section 52.ofthc Fac19'ries Act, 1948 (No,,63 of 194_8) otsucha paid., holiday_ occurs on a ·weekly rest day of~ employee then such an eniployee s.~ '. be pai~ additional ·wages for such a holiday at his ordinary· rares of wages. . · · . · .. 11-'C. CasuaJ. le11ve...: Subj!)Cl'to the provisions of the terms or°!lhY: coiiiract. ~ent, settlement or award; which-are more beneficial to the employees on the sub)cct-- · ·. · .: ·· ,·. · . ·: , · · .· · . (i) .· the permanent empioyees shall be allowed.seven days~ ieaye witli . ., ·wages in a-calendar year, and · .. • · ·. (2) the tentponuy iuid badli employees, ·.wlto have pui in 240 days WQr"k in · _: the pievious:y~ shall be allowed'seven days casual leave'with wage;i_ in ii _caleitdM year. •. . . . . · · . . .. Erpiancilion:~Thc computation of 240 days shall 'be made "in accordailce. with Section·79 o(the Factories Act, 1948: · : · · : . (3) Ordinarily~ leave'will not'!>.e'admissibie for more tlJim two _days at .'·.a~.· . .-. . . . . ·. . . . .. ·. ,:: . . . . . . (4) . Except wlien it may not be possible to olitiin previous pennission, c_asual' . . leave s~l'be avail~~.with tb,e permission. of the. ·Manager. Where)t · is not pOl;sibk: to.ob · revious permis,sion; the employee shall intimate . . .in-writing ·the absence aad° its period at his. earliC$t'lo ~-Manager.] . . ~- ~uirement to .e11ter premises by cer:tain 1:ates aod liability·to.:SC~b..:. (al No. einployee sh;dl enter or'leavc the premises df the urull!rtaking and. the. department exceptby"_the sates.ap"pointcd for the piupose: ·• . , ·· .·' • . (b) All th~cmploy~ including.female. employees shall ~i:r anicles_or .things ·in ·their ·possession, for examination by the watch and want ,iaff'of·the undertaking o~ any other person appointed f(!r ~ puq,ose::and shall also° be liable . to be detained and searched.by the watch and. ward statr or tlie ·peison so appointed · for t1!e pulJIOs~ ii;t the presence of tWo witnesses pl'llvidcd that the f'eµlaieaipli>yee · • sltall be searclied' by female searcher, and ip pte,9ence of female-wimesses. : . · . 10. Clos!lres• tapeorary stoppqes and bty,oir, e(c.~ (a) tn·the eventofihe · brea:k-.down efmachineit; stoppage of power sir~• fire-; epiderni~ civil ijojnmotion, · catastrophe,'· or 1111)' ot!ier cause beyond the co · I of the ~foyer; he may, at any- time, without notice, . stpp. w!\i!Uy or_ partially for a· reaspnable period the who I~: of part ofthe.undertilking. anydepa:mnentor any machine di,ectly,or !)1directly affected • by th~ ~ophe or the cause.· ·., . : . : ' . . · . . . · . · (b) In any: event of stoppage_ under clause·(al.dllrul8. working hours-~ . . .employees affected shall, as soon as practicable, be informed by putting up notice. · .on the noti~ board in.the. department COJ¥:erned and at the tirrie-keeper's Qffice as to when work will be resumed ~ whether they are to stay or leave the1>iemises of° the undertaking. The period o( detention in the unde~ shall not ordinarily . exceed two'lwurs after the:conuuen~nt ofstoppas,e!.:and-the~mployees-so - detained shall be entitled to receive wages (including ·all allowances), in :the · proportion of.a guarter day. for every two 'hours or le$s. Provided that the \VaSe(l that he ~ves pl~ the detention wage shall not exceed his nonruil day's waies: hi the case of piece-rate ,e\lll>loyees, tlu: average daily eamiilgs in the previous wage period shall be taken fb be the: daily. wage. . · · · · . (c) Whenever practicable-a reasonable notice shall be given ofthe resWl!l>tion oft)te normal work. . . . . . .. · . · ·: (d) Employees tnay be laid off by the undertaking ori ~unt of shortage of coal, pow~ or water; or raw :materials or maten;ils or: accumµlation of stocks,· temporary cimai)~ent of production or similar reasons by e,di.ibiting as far. as possible, one week's nonce for the infonnation. of the employees concerned . . (e) l;"he employer ·may close down'aiiy dep~ or ~ection of a depaJ1!nent or the whole undertaking after giving two month's ncitici: to the employees and in case of seasorutl employees IS day's notice. Beli11e reopening the department, Section or the undertaking, as the case. may be, at least seven days' notice sball be given to the employees.. • . . · . , . I · • . . . (f) 0.n the re,.op~ of the department, Section of a-department or the. wholo- of .the ul)lleJtaking, as ~case.may be, the .inauager shall give reasonable notice to•. tlie 'retrenched empfoyees ·who offor themselves for re-employment and those · .retrenched employees w~o offer 11ii:lllscJves u,r .re~ployment wilhill a fortnight shalf be given preference. over either pel'SOllS ,according to 1lie iength of service. , . . •. I [ (g) Copies of the notice under this Stlnding Order shall 1>e immediately sent to 'the µovemment'uibour Officer ofthe·area conc«:med by the employer]. . . . 11; Termin!lti~n of employment (IJ!d the. 11otice th~re11f to f!e giveD by employer and employee,- (a) Wlien the employment of a pe~ent employee· is: to Ile 'tel1Ilim\ted, he-shall be given one 111onth'J1 ~otice oi slial1 ~ paid wages for m1e month in lieu of n9tice. No employee other than a penn.anent employee.~ be entitled .to any such notice or wages in' licfu thereo(for termination of his service. . · (b) The reason for the tennination of service sbal,I be recorded in ~ting and shall be commimicati:ci to .tJ:ie employee ·un1ess such CODlll)uni~tion. inay in the opinion of the manager.directly or ~~Y lay the company or .the rnaoagef or the pets011 signing the communication. open to civil oi" criminal ,proceedings at _the instan~ of il\e ell!Ployee, . . . . ;I . ·. . . . · .. (c) Ally perman~t ~lciyec_ desirous·.of leavinl! the employment shall ,!live. one month's notic;e to his dwartmci;ttal officer•~ t/1e reason tor which he-is. leaving ]:,ut if be so· reguircs_ he may be relieved earlier than the date on·\Wich' the period o( notice expires:· · · · ·. ·I · . · · · . . ·. (d)_N<i notice shall.be necessaryfor~e discontinuance of.the emplo)'.llUint of a pen\1alleDt se,asooal employee _qri _the. expiry· of the season, but he. shall have a lien on '°g post at the commencement of the next season, . . . . . 2[''.(e) subject fa ·the provisions of the bldusttjal Di•:,utes Act,. 1947 (14 of .1947), no temporary.employee, whether moot\tly ratec1·or ·Weekly rated or piece· . ,. ' . . .. t.' · Adik4 by No: I (28-5-65). . . . . . 2. Added by Nolfn. NO'. F-4.(E) 2·2004·A•XVI','Dated 17-3-2005. · ' . . . . .. l'l!ted. and no probationer or badli' Of nxed ~nn employm~t's ~ployee, as· a result of non-Ie11ewal of contract ·of employm~nt or on its expiry;.shall be entitled to any notice or pay iJI lieu th~reot; ·if his Services are tenninatcd, but the Services of a temporary employee shall not be terminated as a punishment unless he l1as been given an Opportuiµty of expl~ the chaiges of misconduct alleged against him. '1 . . · · · ·. . . . .'RE.LEVAlifTNOTES . ' : · . · . Mahesh Pal Sing Vs. Superintending Engi~eer lower Chamb11/ Circle, 2001 (4) MPHr 2U · .. · · . · 12: Disciplin-~ ~ctjon for misco~duct.-OJ The following a~ or omissions on the part of an employee shall amount to a major misconduct: · . . (a) ·conviction 6~ -a court of law for an offence involving morai tUipitude;. (b) . theft, .fraud or dishonesty in• i:oruiection with the business or property of . . the undertaking; · · · · · . ·: · · (c) taking _or giving bn11e or aijy illegal &r?,tification; .. (d} · ,yilful disobedienpe of a,ny lawfiil or re.Bbnable order of !I superior - involving safety of any persoil. or propeny or other matter" having an . advebti effect' upon the l\'Ork or ivages .of other employees; . ( e) · gam~lirig witliin the premises. of the undertaking;·. . . . (f)· dnµikenness; riotpus or disorderly behaviour, during working'hours at · the undertaking.or conduct endangering the life oi-"safety of any persqn, intimidation, physical duress; or any Act subversiye of discipline; (g) collections of any moneys within the .premises of the undertaking for . purposes and by persons nol·authorised by law or if no such authority is · required by law without the sanction of the manllger; · . · . . (h) engaging in trade, or -business within !he· premises .of the undertaking . · including collection of pay-tickets given to 'the employees or the sale or . canvassing _of ticf:cou, coup~ns or other tokens of 80)! 0 commodity pr article, without the previou~· s~ion 9f the. ~CJ- · · (i) · · ~vassing for trade union ~bership and collection_ of union's.dues . ·, wit!tln the prellllses except as p~rmissible under law; . · (j) "1olding ~eetings i1111ide t!Je premises· of the imdeft\kin'g without the previous permission of the manager or except .as permitted by law; (k) co!lllllencing,. going or joining the'strike in contravention .of the proviilfons .of any law for the time being in force;_ . • ·. . · . ·. (I). ·. inciting, instigating otlmrs to take part br otherwise acting in.furtherance· . . of a _strike in contravention .of ·the ·provisio~ of any law for the time. being in force; . · . · · (m) wilful slowing down·iri perfonnancb of work, or abateme!)t or instigation thereof; · · ·. · · · ·. · · . .- . · ' · . (n) wilful damage -to work m process or to any oth~r property .of the undertaking; . · ( 0) disclosing to any unauthorised pe~on any information in regard to the processes of the undertaking which may come> info his possession in ihe course o_f his- work; . . ' (p). unauthorised .alisence from duty for mo~ than ten consCC\ltive days; - 1[(p~l) Obiamlng financial assistance-.from.the- Employees. State hisuran~ . Corporation OQ the basis of tax on foiged -doc:uments.] • .-. · · {q) . a· minor_mjsconduc_t of whicb a workman is fol1!1d ha:bifually guilty, i. e., for.not less than three occasions within a space of j:,ne·year-<irless: (2) Any of the.following acts or omissions shall amount to a; minor misconduct: (11) .. late arumdaocc; , . (b) absence from duty. without leave or . without. suffi1;icnt •cause. whicb .is · · · -not ~jor misconduct~ (c) ,. · refusal ·to work on a job of a sllllilar nature witbollt. giving adequate .· · · ~ for thc same·· . • 'I • • t . (cl,).. s1,ecpiog duripg .working hour; (c) . fllilurc to observe sa~ty ins~ctiol!S, or µnaull!oriscd reincwal in · ._ 1'9fcrcnce to machillery; guard, 'fencing or other safety devicc.:installed_. . '· .iri· the. j>rc,mises of the cstablishnient; · • . . . . (f): .. _any !Wt or omission for which.deductions from the wages of an employed· .. pel'SOli are (IUthoris;d by ,or IIDdcr:t!ic PaY.iDcnt-of.Wagcs Acf; . . . . (g) · . entering or. l~viq the prem:isca ·of.the unde~· ~t by th.e gate . • pr 8111\=S appomtcd for pie purpose; · . . • · . · . ·. • .(h) · ct>~~ ~ lll!iSaocc; .in Ulc'prcmi&Cll 0( 1hc ~ indiscipline, : · breach of,any &taDdings order or instructions ,for the maintcoaocc and· ,' .· riapoing·'ofanr.dcpartmcot.and main~ its'~leaoliness., . . '(3) (&) The pJll)ishmeiit for a minor misconduct may,t»--,. (i) censure, or (ii) . fin:e. . . . · (b) • The punislunCI\~ for a fflllior misconduct may be- · (i) i:eosur!', or : · (ii) fine, or . (iii) swpension for a periO!f not~ f.our ilays on any one occasion, .. · .. or ,. .: • · : ' (i,v} withholding of ioc~t for.a pcri9(1 of on,e yoar;' or ',' (v) demotipn; or . .. : (vi)_ dismissal. · (c) Ii\ aWllldiog the. punishment .the ~ shall:tak~· into account the · · gravity of the nli,scooduct; the previous record of thci'employec, if any, ahd other evtcrurntiog or aggr\\va!ing circumstanCC!I, · . . · (4), Nb punishrncnt,shall be iinposcd on.·~ ~PIOY,ec unless· proved guilty of misconduct jn an enquiry conducted in the following manner: · • · · . (a) · ·· The manage or ot1ier ofticer,'authoiised by him ln this behalf shall give to thll employee a charge sheet clearly setting forth the mis-<:9,oduct cbiuged and ~·circumstaoces appearing against him and requiring !\is ~planati!)n; · . . ' . I. los. by No. 7 f27.3:1987)' (b.) The t;lllpfoy~ shalJ be giWI) for- subqiiUing :his .i;xplanation a period of at J~ 24 ~ui-s ifM is ~~ wi~ a inir.ior misconduct and at leas!-?~ ·hours if he 1s c:halged· With maJor ousconijuct; · ·. ·· • . , . {c) · An "em"ployel! shall be allQWed to defend by i\imselfor the represe"ntative of employees, if he so desires;- · . ·- · • · ·_ . · · · . (d) -Except _in i;ases·where he ~ts tlie-clwge levelled·_agaii:tst jlim·the." ·. -employee shall be pennitted to prod.uce· witness iu his defence and cross- . ~ any.-witness <in whose·eviden~ihe charge rests; - . (e): The substance of the e~dence ·shall be recorded-and_read over; . . . · (f) An ordei-_ofpwiishment.sba!) be in writing.-and shall fie issued over the · si~ture of the manager or 1>th~r" officc;r authorised under standing order . (I) (a). A copy of the order passed awarding the pUllishment shall be . . · given to the employee; · . · · . · (g) . In case of an employee other thlllt th~ orie belonging to the cleri~, tei;hnical or supervisory staff the. managen:llil s"uspend him pending · · · enquiry Into an alleged major m.iscon411ct for a· period not exceeding _ four days; ·. . ·· . ·:, • • · · · - · ·. · . ·. • (h}- The !!Wlagcr may suspend a clerical, ~cat or S!Jpervisory emplo~ . . . for a period of-di.rci:i"months pending enqwy Ullo.major 11:1isCQnduct · · :. ' alleged 11giµns1 hup and shall pay inispension allo\\'.Wlce to such emiiloyee . at the rate of h11lfof.thc average wage; . . . -. . . ·. -.. , (9. The oriler of. suspension sliali_ be ·in writing. an_ii-"may take. effect · . · · .. -immediately on COJlUl!unication thereof'to the ,employee. If no action is , -~ -within a petjod of six montlis then the ainount of wagl:l! for the . . period ofs\Jspension slu!,11 be payable.in fuU.- ., · · · . . .· (5) If on enquiry, the order is confinned or-the periQd. of l!IJspensioq redµced the employee s)lall be deemed to be ab&ent. ftQJll (futy for the ·period of suspension - .. _arid 9ha1l not be entitled to·any wage f'Qr sach·period. ~ hQ'Yciver, the Qriier-_is .rescindtx! the Cll\J)loyee sI!all be deem~ to be OJ)Ciluty dµring the 'full period of suspension· and· sliall b_e cn~tled to the-same wages as he would have I~iyed if he· bild not been saspend\:d: · . . . · .· · . . · · .. Provtde!i that if the enquiry is. not completed within four days from ·tbe date of submissi011 of expl_anation.. ihe employee shall be entiil~ to tiib wage,s until j\ie. · completion of .t)ic cnquizy" from the datQ of su~m.i~sion of his expliination. : .. . · 1((6)..i\n, employer shall not be comp'Ctcnt to initiate pro<;cedings against an employee-:- . · ·· . . · . · . .. . .. . · (a) for 1118jor miscoliduct !If\« one year of il!l CO\MUSSKltl, .and ,:, · . .(1>). for a.minor miscomluct atter six.months of~ commission.]· · .. 13. Means of redress for e,nployee ai:ainst-unfl!ir. treatment _o_r. W!'(lngful ~action by the employer,_agent qr serva:nt.- (1) (a),An aggriev.eih1nployee may first present his grievance to his iinme!iiate superior itl person who .thereon shall give- a reply .Within 48 hours of lbe;preSClliation Qf the' complaint; . · * • . 1 • • ·. I. .Ad4edbyNo. 1?7,3.1987). (b) If the ~mployce is not satisfied with the reply of his.immediate su~rior he . '?r the ~uthotis;d _representative on liis ·behalf ~Y forward •the complaint lo the· . manager or anj officer appointed.by ltjll) for this purpose; · · . . . , ~c) Tbe ~r Qr_~uch officer shall personally investigate the-complaint at sue~ tune and place as ~c; ma)' fix and the complainant eJJlployee_or the.authorised representative shall have~' right to _be present-at such investigations: · Provided that the decision of the Investigation Offia;r and the action, if any, taken 'by him shall be communicated to ihe complainant ordinarily within a week of the presentation of·the complaint. . . ' ' (2) Grievaiwes of empfoyees relating to-'- . . {a) assanlt or !lbuse by any pC!5on holding a supervisoiy-positi_on or (b) refusal of an.application.for urgent leave; . (c} unfair labour piictices, such as;·(i) interfe~Qce with the rlghis of employees to enroll or CO!!tin\lC as jlll union member; (ii) diseriminlltion;. restrain. or coercion against :any employee or· restraint of recognised activities of trade: unioo;. and (ii1) victimization of an Cllljlloyce. ot abuse of authority in any form; • . · · · · ·. shall be enquired irito immedia!CIY by the manager _and he shall take appropriate · d.isciplinary attion against sucll officers 'of the wideitaking who al): fowid ~ponsible for that. The comp)airiant will be supplied with a copy of the order or action .taken by the _manager jn ~ ~half. · , . . · · _ 14, An. employee against whom any order is passed ~y the manager·may if so · .desires submit his repres~tation to the'ManagiQg Agents ·~r the Managing l)iiector or the Pr_oprietor or any person who 1m· the ultimate 'ci!ntrol over the manag~ent. of the undertaking who shall commlinicate his· decision to the. employee .within a period of 15-days. . · · • . · . · . • 1 (14-A., Retiremept.- (I) An employee ·.shall retire from tlie Syrvice of the. l;niploycr on the date he attains the ·age of S8 years. He may, however, be retained in service by the·employer after the date of attaining th~ age of58 years ifnis services. are necessary in the interest of the undertaking but he shall not-be retained in service · aftei' the age ot-60 years :. . _- • . . : . · · · P_royided tliat nothing in this clause· shall adversely affect tlje operation 1>ft!ii:' terms of any contract, agreement; settlement, or ·award qn lhis s'ubject, if the age of i-~tiremeni-is not'lcss th/ul SJ years: . . . . . . . .. . . . . Provided .further that before retiring an· empiQy~ from the service in accordance with the p_rovisions ccntaiilcd ii) this 9ause, the e~loyer shall give to : the said employee at IC<!5t one month's intimation in writing ·of:such retirement. · However, failure' to give sui;h intimation wil! not entitle the employee to c;ontinue in service after-attaining the age of retirement. On the employer•~ failure_ to_ give· . such intimation. lie shall be °liable to pay to ~c employee concerned 011c month's . wages:··· ., ... · .. ·· · · 2((1-a) Notwithstanding an~ng contained in sub,clausi: '(J) the age of retiremer\t for wbrking journalists as defined i11. Section 2(f) of. the Working ·t. Subs. by No. S (21.8.19111] . . 2. · 1ns. by No. 8 [23.1.1992] Journalists itnd other N'ewspaper E111ployees (Conditions !'f Service) and, Miscellalieous Provisions Act, 1955 ()'.Ila. 4S.of 1955).shallbe 60 years.) ·· · .(2) For the purpose· of clause 0) tlie age shall.be recl<oni:d· by any of the foliowiJJB methods in order of priority- · · (i) the date of birth as given by ~·employee at th\l time of!:ifs employment· and accepted by the Manager; (ii) The date of birth as given in the Higher s·econdary School Certificate or . : equivalent .examination Certificate; · . . . (iii) The «rtifi~ate issueif by the Local Authority of the p!lice where tl!e · employee ·~ born, on the basis of the records maintained• by .su¢11 authority or certified copy of the en~ in the Bir\h and D.eath Register · in which date of binh is mentioned; · (ivJ · The date of birth as declare by the employee in his decllµ-ation card for purpose ofinembermip of the Employees Provident F!111d. (3).Notwithstanding anything contamed.in th~ foregoing clause, if any dispute arises reg;irding the date of birth intimated at the time gf employment <inlcclared in . the di:<;laration card· for the purpose of membership·of the Employees Provident Fund, as the case may •be, .then the date ofbirt/1 shall be deiermined o.n tlie basw· of . SchOC?l Leaving. Certificate and in its absence, th~ date of birth .determined by a 1_{egistered Medical· Practitioner, not below the·rank of Civil Surgeon, shall be considered as final, but any such dispute shall not be entertained. within the period of six months before the date of Mirement. ' . · · · . ~ . . . · ·1s, An empl.oyee who leaves s'ervict or retires or is discharged shall without · avoidable delay but not later than thirty days after he leaves service or retires or as. the case may be is dis',hatged, shall. be given by the employer a service C~r:tificate indicating ~uch infonnation and particulall! as may be qotified,] . *SERVICE CERTIFICATE~ . (lee Rule 15) I: . · Nameandaddressofihelnstituticm .... : ................ : ............................... . 2. . · Name and address ofihe empioyeelworker ....... :.: ... '. .. :.: .. ; .. .' ....... ,, ........... . . ' . ' . .. . . . . . . . ·. . ! • ~. • ' . • ' • 3. Nature ofworlddes1gnation ... , ....... , ......... , .. , .......... _. ............. ; ............... . 4 .•. Durationofemploym,1:11tfromdate ....... : ... : ............... to ......... ,_ ......... : ... . S. · Wages rate .............. R~pees .,.: .............. : .. per month· . 6. · Reasons fo~ discharge Retircment/Discharge/ResignatioJi/ Other" ........ . . . . . Si~~ ·.of einploY,er 16. Liability or the Manai:er.-' The MiUJa.Ser of the undenaking or in case -i_( the,c is no manager, the Maoagi~g Agents, the Managing Oiree1or o~ the Prop·rietor. or any person who has the ultimate control over the management of the· µndertaking sbail be held responsi~le .for the proper and faithful observance of these standing orders. · · · · • · 17 ~ {~) Notice to be exhibited or given der thes~ standing orders ,shall be ih : a language understood by majority of emplo. ees, · · (b) Any ,notice, order, clwge,,sheet, 1:9mrnuni1=3tion or intjmation whir;:h is meant for'individual employee~ is given yi writingunder·thes~·standing qtders· shlil)·-be in_a-language understliod by_majoritY, of employees. · ... ·. · · · ' ,18. Copies·ofthese standing orders shall be posted in tl)e timekeeper's office and in'all departmen~ ofthe-widertaking and s_hall b_e kept in legible condition . ... , ,-.. "' .. ' . .,,a ..
Roop's Law Assist