Rajasthan Industrial Employment (Standing Orders) Rules, 1963 1. Short title and extent. 2. Interpretation. 3. Model Standing Orders. 4. Additional matters. 5. Procedure for Certification of Rules in respect of additional matters. 6. Joint Draft Orders. 7. Application for Certification. 8. Prescribed particulars of workmen. 9. Scrutiny by the Certifying Officer. 10. Procedure by the Certifying Officer. 11. Translation in other Languages. 12. Opportunity of hearing to the persons making objections and suggestions. 13. Authentication and Communication of Standing Orders. 14. Register of Standing Orders.
The Rajasthan Industrial Employment (Standing Orders) Rules, 1963
Published vide Notification No. F. 3(18) Lab./63, dated 2-1-1964, published in Rajasthan Gazette, Part 4-C, dated 2-7-1964
RJ967
In exercise of the powers conferred by section 15 of the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946), the State Government hereby makes the following rules regulating Standing Orders in Industrial Employments in Rajasthan, the same, having been previously published as required by sub-section (1) of the said section, and amended subsequently by the following:
| LEGISLATIVE HISTORY 6 |
| · F. 3(90) L & E/64, 13.6.68, IV-C, [27.6.68]
· F. 1(11)(15) L& E/67, 24.9.68, IV-C, [19.12.68] · F. 1(11)(13) Shram/67, 18.5.71, IV-C(1), [28.10.71] · F. 1(11)(15) Shram/67, 16.8.72, IV-C, [17.08.72] · F. 1(11)(15) Shram/67, 20.12.73, IV-C(1), [24.01.74] · F. 1(11)(15) L& E/67, 31.12.80, IV-C, w.e.f. 08.01.81, pages 324-341 · F. 1(11)05) Lab./67, 3-2-84, IV-C, w.e.f. 16.02.84, Pages 831-835 |
- Short title and extent.- (1) These rules may be called the Rajasthan Industrial Employment (Standing Orders) Rules, 1963.
(2) They shall extend to the whole of the State of Rajasthan and shall apply to all Industrial Establishments in the State, to which the Act applies.
- Interpretation.- In these rules, unless there is anything repugnant in the subject or context: -
(a) "Act" means the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946):
(b) "Form" means a form set out in Schedule 11 appended to these rules.
- Model Standing Orders.- The Model Standing Orders for the purposes of the Act shall be those set out. in Schedule I appended to these rules.
- Additional matters.- The following additional matters shall be included in Schedule [x x x]to the Act.
(1) [Procedure for recruitment of badlies.]
(2) Condition for abolition of post.
(3) Conditions for promotion of workmen whether on temporary or permanent basis.
(4) Grievance procedure.
(5) Age of superannuation.
(6) Retirement benefits.
[These additional matters will be applicable only in the case of Cotton Textile Industries.]
[(i) Service Record.
(ii) Confirmation.
(iii) Transfer.
(iv) Medical Aid in case of Accident.
(v) Medical Examination.
(vi) Secrecy.
(vii) Exclusive Service.]
[5. Procedure for Certification of Rules in respect of additional matters. - Within six months from the date on which additional matters are included in Sch. to the Act, every employer of an industrial establishment shall apply to the Certifying Officer, submitting 5 copies of the draft standing orders, in which modifications shall be included on account of such additional matters, which he proposed to make in the standing orders previously certified. On receipt of such application. the Certifying Officer shall proceed to certify the same in accordance with the provisions of the Act and the Rules.]
- Joint Draft Orders.- A group of employees in similar Industrial Establishments may submit a joint draft of Standing Orders under sub-section (4) of section 3 of the Act to the Certifying Officer, by registered post, acknowledgment due.
- Application for Certification.- (1) An application for Certification of Standing Orders shall be made in Form 1.
(2) An application for certification of joint draft Standing Orders shall be made in Form IV and shall be accompanied by such number of the joint draft Standing Orders as shall equal the number of trade unions of which the workmen working in any Industrial Establishment concerned are members, plus the number of the other Industrial Establishments, whose workmen are not members of any trade unions, plus five.
The application shall also be accompanied by the particulars prescribed in rule 8 in respect of each Industrial Establishment intending to adopt the joint draft Standing Orders.
- Prescribed particulars of workmen.- The prescribed particulars of workmen, for the purpose of sub-section (3) of section 3 of the Act shall be-
(1) total number employed:
(2) number of permanent workmen;
(3) number of temporary workmen:
(4) number of badlies or substitutes:
(5) number of probationers;
(6) number of apprentices:
(7) name of the trade union or trade unions if any to which the workmen belong, and
(8) remarks.
- Scrutiny by the Certifying Officer.- On receipt of the application under rule 7, the Certifying Officer shall scrutinize whether all the requirements have been fulfilled and shall require the employer to comply with such directions as may be deemed necessary to bring the draft Standing Orders in conformity with the provisions of the Act and these rules.
- Procedure by the Certifying Officer.- As soon as may be after he receives an application under rule 7 in respect of an Industrial Establishment the Certifying Officer shall-
(a) Where there is a trade union of workmen, forwarded a copy of the draft Standing Orders to the trade union together with a notice in Form II.
(b) Where there is no such trade union, call a meeting of the workmen to elect three representatives to whom he shall their election forward a copy of the draft Standing Orders, together with a notice in Form II.
- Translation in other Languages.- In case the workmen represent that they are unable to follow the exact implications to the draft Standing Orders and would prefer to have a translation of draft Standing Orders before forwarding their comments the Certifying Officer may require the employer to furnish such number of copies of the joint draft Standing Orders as he may consider necessary in the circumstances, in such languages as are understood and spoken by the labour employed in the Industrial Establishment applying for joint Standing Orders.
On being so required by the Certifying Officer, the employer shall furnish the necessary translation within a fortnight or such extended period as may be permitted by a Certifying Officer.
- Opportunity of hearing to the persons making objections and suggestions.- (1) On receipt of the various objections and suggestions, received within fifteen days or such extended period, as the Certifying Officer may permit, the Certifying Officer shall give to the employer and the trade union and such other representatives of the workmen as have been elected by the individual Industrial Establishments, an opportunity of being heard, as required under sub-section (2) of section 5 of the Act;
Provided that where the number of representations of the workmen exceeds twelve, the Certifying Officer may require that the representatives of the workmen shall call a joint meeting among themselves and elect by two-third majority, a number of their representatives which shall not, exceed twelve.
(2) A meeting for holding such election shall be held after one week's notice given by the Certifying Officer to the various representatives and shall be attended by an Officer of the Labour Department, as an observer.
(3) The representatives of the employers for this purpose shall be deemed to be the signatories to the application made in Form IV;
Provided that such signatories may also be accompanied by other representatives of the employers, who intend to adopt the joint draft Standing Orders, but the total number of the representatives of employers shall not exceed twelve.
(4) If any of the representatives of the employers or the workmen, who are not eligible to attend the joint discussions in accordance with the provisions of sub-rules (1) and (2) above, desire to be heard, it shall be within the discretion of the Certifying Officer to admit any of them to the joint discussions.
- Authentication and Communication of Standing Orders.- Standing Orders certified in pursuance of sub-section (3) of section 5 or sub-section (2) of section 6 of the Act shall be authenticated by the signature and seal of office of the Certifying Officer or the Appellate Authority, as the case may be and shall be forwarded by such officer or authority within a week of authentication by Registered Post to the employers and to the trade union or as the case may be, to the representative of the workmen elected in pursuance of rule 10(b).
- Register of Standing Orders.- The register required to be maintained by sec. 8 of the Act shall be in Form III shall be properly bound and the Certifying Officer shall furnish a copy of Standing Orders approved for an Industrial Establishment to any person applying therefor on payment of a fee[calculated at the following rates per copy-
(i) for the first 200 words or less, 75 paise,
(ii) for every additional 100 words or fraction thereof, 36 paise:
Provided that, where the said Standing Order exceeds five pages, the approximate number of words per page shall be taken as the basis for calculating the total number of words, to the nearest hundred, for the purpose of assessing the copying fee.]
[Schedule I]
Model Standing Orders
- Commencement.- These orders shall come into force on the day on which the period mentioned in section 7 of the Act expires.
- Classification of workmen.- Workmen shall be classified as:-
(a) 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 as mentioned in sub-clause (b) the same or another occupation in the Industrial establishment including breaks due to sickness, accident, leave, lockout, Strike (not being an illegal strike) or voluntary closure of the establishment.
(b) A "Probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three months' service therein. The period of probation can be raised to six months in skilled services, if the workman does not show skill within three months, 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.
(c) A "Badli" is a workman, who is appointed in the post of a permanent workman or probationer who is temporarily absent.
(d) A "Temporary" workman is a workman, who has been engaged for work, which is of an essentially temporary nature likely to be finished within a period of six months or which terminate at the conclusion of specific contract, not exceeding one year.
(e) A "Casual" workman is a workman, whose employment is of a casual nature.
(f) An "Apprentice" is a learner, who is or is not paid an allowance during the period of his training, including apprentices under Apprentices Act, 1961.
- Appointment letters.- Every workman shall be given an appointment letter in Form A appended herewith:-
Note.- This Form shall be in fact 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 non-incompatible with the Standing Orders.
- Tickets.- (a) Every workman shall be given a permanent ticket unless he is a Badli, temporary or a casual worker or an apprentice.
(b) Every permanent workman including the probationer shall be provided with a department's ticket showing his number and shall, on being required to do so, show it to, any person authorised by the manager to inspect it and in the case of a petitioner, the word "P" shall be marked on the permanent ticket, to distinguish his position from that of the permanent workman.
(c) Every Badli shall be provided with a Badli card on which shall be entered the days, on which he has worked in the establishment and which shall be surrendered, if he obtains permanent employment.
(d) Every temporary workman shall be provided with a temporary ticket which he shall surrender on his discharge.
(e) Every casual workman shall be provided with a casual card on which shall be entered the days, on which he has worked in the establishment.
(f) Every apprentice shall be provided with an "Apprentice" card which shall be surrendered, if he obtains permanent employment.
- Recruitment of Badlis.- (Clauses 5 to 8 will apply to Cotton Textile Industry only. The procedure regarding Badlis will be suitably ordered as decided by the Arbitrator in the dispute before him).
(a) A register containing the names of Badli workmen separately in respect of each grade department and according to the order of seniority of the service of workman, shall be maintained by the employer. The list, shall contain the number of total workmen equivalent to about 15% of the strength of each grade and class of work in the department.
Explanation. - Seniority shall be based as reckoned from the date of the Badli worker has accepted Badli for the first time and thereafter from the date he has begun to present himself regularly for appointment as a Badli.
(b) The Badli workman shall be provided employment in the respective departments in the order of seniority as provided in the list.
- Conditions for Abolition of Posts.- Applicable to Textile Industry, only,-
No permanent post shall be abolished unless the incumbent thereof is provided with equivalent job or has been retrenched in accordance with section 25F of the Industrial Disputes Act, 1947.
- Conditions for Promotion of workmen on temporary or on permanent basis.- Applicable to Textile Industry only:-
(a) Promotions, whether officiating or permanent, shall be granted without discrimination and with due regard to seniority of workmen.
(b) Notwithstanding anything contained in sub-clause (a) above, the following procedure may be adopted in the case of Textile Mills and particularly in spinning department:-
(i) Doffer boys shall be given officiating promotion as piecers by rotation. Permanent vacancies of piecers shall be filled up according to seniority.
(ii) Piecers shall be promoted to work as doublers in accordance with seniority.
- Settlement of Disputes.- Applicable to Textile Industry only:-
(1) If any dispute arises relating to recruitment, condition of abolition of posts and conditions for promotion of workmen on temporary or on permanent basis as laid down in clauses 5 and 6 in this schedule, shall be decided by a committee Consisting of the following:-
(i) Two representatives of employers.
(ii) Two representatives of employees duly nominated by workmen's union recognised for the purpose by the State Government.
(iii) One representative of State Government belonging to Labour Department who will also act as Chairman of the Committee.
This Committee shall function for two years from the date of its nomination by the Government.
(2) The Committee's decision shall be by a majority of votes. In case there is equality of votes, the Chairman shall have a casting vote.
(3) The decision of the Committee shall be communicated to the parties in dispute within 7 days of its decision. Any person aggrieved by the decisions of the Committee may prefer an appeal to the Labour Commissioner within a month of communication of such decisions and the decision of the Labour Commissioner shall be final and binding on the parties.
- Publication of Working Time.- The periods and hours of work for all classes of workers in each shift shall be exhibited in Hindi and in the Principal languages of the workmen employed in the establishment on notice board maintained at or near the main entrance of the establishment and at the time-keeper's office, if any.
- Publication of Holidays & Pay Days.- (1) Holidays with wages including national and festival holidays in an establishment shall be observed in accordance with law. contract, custom and usage.
(2) The days on which such holidays will be observed, will be notified by passing a notice on the notice-board before the beginning of each calendar year.
(3) Notice specifying pay days, shall also be pasted on the notice board.
- Publication of Wage Rates.- Notice specifying the rates of wages payable to all classes of workmen and for all classes of work shall be displayed on the said notice board.
- 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 proper notice as required by law having been given prior to such discontinuance. provided that no such notice shall be necessary, if as a result of the discontinuance of the shift no permanent employee will be discharged. If as a result of discontinuance of shift working any permanent workmen are to be discharged, they shall be discharged having regard to the provisions laid down under Chapter VA of the Industrial Disputes Act, 1947. If shift working is restarted, a notice thereof shall be given by pasting a notice at the main entrance to the establishment and the time-keeper's office and by giving publicity in at least one of the Hindi daily paper and by informing the trade unions in writing and the workmen discharged as a result of discontinuance of the shift, shall if they present themselves at the time of the restarting of the shift, have preference in being re-employed, having regard to the length of their previous service under the establishment, those with the longest term of service being re-employed first.
- Attendance and Later Coming.- All workman shall be at work at the establishment at the time fixed and notified under paragraph 9. Workmen attending late will be liable to deductions provided for in the Payment of Wages Act. 1936.
14-A. Annual leave with wages. - (1) Annual leave with wages will be allowed as provided for in Chapter VIII of the Factories Act, 1948 or any other law applicable to the establishment.
(2) Casual leave, national and festival holidays and maternity leave will be allowed in accordance with the terms of existing legislation or Rules or award, agreement or settlement in force from time to time.
(3) Grant of leave to a workman shall depend upon the exigencies of work and shall, be at the discretion of the manager, except in case of deaths in the family or serious illness of the workman or his family member.
14B. Procedure for Grant of Leave. - (1) Any workman who desires to obtain leave shall apply to an officer or officers appointed for the purposes in the industrial establishment, whose name shall be duly notified by a notice pasted on the notice board.
(2) Applications for leave up to three days duration shall be made at least twenty four hours prior to the day from which the leave is required:
Provided that when the leave is required on medical grounds or due to death or serious illness of any member in the workman's family or grave domestic reasons, leave may be applied on the same day.
(3) A Certificate signed by a registered medical practitioner or by a registered Vaidya or Hakim shall be accepted in proof of medical grounds advanced by a workman.
(4) Applications for leave for more than three days duration shall be made at least three days previous to the date from which the leave is required.
(5) Orders in writing either refusing or sanction the leave shall be passed and issued by the officer appointed for this purpose on the applications for leave latest within three days of the receipt of the application and prior to the commencement of the entitled leave, provided that in the case of application for leave of an urgent nature, orders shall be passed without delay and before the commencement of the leave applied for. The orders passed by the officer shall immediately be communicated to the applicant in writing, if he is present or shall be sent to him by post if he is not present, provided that the address for sending such communication has been given in the application. In case the application is refused the officer shall record his reasons for such refusal and if so required by the applicant, communicate the same to him.
(6) If the leave applied for is granted, a leave pass or certificate duly signed by the officer authorised in this behalf shall be issued to the workman in Form 'E' showing the date from which leave will have effect and the date on which the workman will have to rejoin duty and also the address of the workman whilst no leave. This pass or certificate shall be retained by the workman.
(7) A record shall be maintained of all leave which is sanctioned.
(8) In the event of a Workman applying for an extension of the period of his leave, he shall make an application in writing to the employer before the expiry of the period of the originally sanctioned leave expires and the employer shall, immediately on receipt of such application, inform the workman in writing at the address given by him whether the extension of leave applied for has been sanctioned or not and, if sanctioned for what period.
A registration receipt granted by the post office in respect of letter sent by Registered A.D. or by a telegram, shall be deemed to be sufficient proof of a reply having been sent: provided that in case of refusal of leave, telegraphic information shall be sent to the workman provided always that the application for the extension of leave shall be made by the workman in sufficient time by a telegram or registered post, so that reply may reach the workman before the expiry of his leave, and that an extension of leave shall be granted on medical ground or death of any member of his family or any other reason for extreme urgency. A certificate signed by a registered medical practitioner or by a registered Vaidya or Hakim shall be accepted. In case the workplan explains to the satisfaction of the management that the reply sent did not reach him in time till the expiry of the period originally sanctioned leave, the extended leave applied for, shall be deemed to have been sanctioned.
(9) If the workman remains absent without permission or remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he returns within 10 days of his absence of the expiry of leave:
Provided that where the workman is prevented due to circumstances beyond his control, he shall be given further opportunity to explain his period of absence to the satisfaction of the management and in no case the total period of absence shall exceed 15 days at a stretch. In that case, it shall amount to self abandonment of service.
- Payment of Wages.- (1) Any wages due to the workman but not paid on the usual pay days on account of their being unclaimed shall be paid by the employer on an unclaimed wages pay day in each week which shall be notified on the notice board as aforesaid.
(2) All workmen shall be paid wages on working day before the expiry of the seventh or the tenth day after the last days of the wage period in respect of which the wages are payable, according to the total number of workmen employed in the establishment does not or does exceed one thousand.
- Stoppage of Work.- (1) The employer at any time in the event of fire, catastrophe, breakdown of machinery or stoppage of power supply, epidemics, civil commotion or any other cause beyond the control of the management, stop any section or sections of the establishment. wholly or partially for any periods without notice.
(2) In the event of such stoppage during working hours the workman affected shall be notified by notices put upon the notice board in the department concerned, or at the office of the Manager, as soon as practicable when work will be resumed and whether they are to remain at or leave their place of work. The workman shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the period of detention does not exceed one hour the workmen so detained shall be entitled to receive wages for 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, other compensation will be admissible in case of such stoppages wherever practicable reasonable notice shall be given of resumption of the normal work.
(3) In cases where workmen are laid-off for short periods on account of failure of plant or temporary curtailment of production the period of lay-off shall be governed in accordance with section 25C of the Industrial Disputes Act, 1947. When, however, workmen have to be laid-off an indefinitely long period, their services may be terminated, after giving them due notice, or pay in lieu thereof, in accordance with the provisions laid down in Chapter VA of the Industrial Disputes Act, 1947.
(4) The employer may in the event of a strike effecting either wholly or partially any section or department of the establishment close down either wholly or partially, such section or department or any other section or department affected by such closing down. The fact of such closure shall be notified by notices put on the notice board in the section or department concerned and in the time keeper's office, if any, as soon as practicable. The workman concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.
- Termination of Employment.- (1) Where it becomes necessary to terminate the services of a workman, who is in the permanent employment of the establishment, due to reasons to be recorded in writing, such reasons being the reason other than misconduct, retrenchment or closing down and subject to the provisions of the Employees' State Insurance Act and Workmen's Compensation Act, or if a workman who develops serious defect in eye-sight or bearing or mental deficiency, one month's notice in writing shall be given by the management or salary 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 provision shall not, however, absolve the management of their obligation to abide by the provisions of the Industrial Disputes Act or any other law for the time being in force for the termination of services by way of retrenchment or otherwise.
(3) If a permanent workman intends to leave the service of the establishment, he shall give one month's notice of his intention to do so in writing to the management or, if he wants to be relieved earlier or surrender wages in lieu thereof equivalent to the days for which the notice falls short of the month he shall be relieved. But if the exigencies of work so require, the management may not relieve him earlier than the entire period of notice has to run.
Explanation.- The expression (continuous) service shall have the same meaning as is assigned to it in clause (eee) of section 2 of the Industrial Disputes Act, 1947.
- Disciplinary Action for Misconduct.- Without prejudice to the general meaning of the term misconduct it shall be deemed to mean and include the following minor and major misdemeanours:-
(a) Minor Misdemeanours.- The following acts or omissions shall be treated as minor misdemeanours for which a workman is liable to warning, fine or suspension, the maximum period of suspension which may be imposed by way of punishment being limited to four days in any wage period:-
(1) Failure to observe safety instructions in circumstances not constituting a major misdemeanour;
(2) Committing nuisance in the factory premises;
(3) Careless or negligent work;
(4) Laziness and inefficiency;
(5) Quarrelling which may have subversive effects on factory' discipline;
(6) Leaving normal place of work without permission during working hours;
(7) Absence without permission;
(8) Obtaining leave of absence by false pretence;
(9) Not taking proper care of tools; gauges, jigs, fixtures or drawings etc. entrusted to him;
(10) Not keeping machine and/or place clean and tidy;
(11) Sleeping on duty;
(12) Disturbing others or making noise;
(13) Habitual late attendance.
Note.- No warning or order of fine or suspension shall be made unless the workman concerned is given a charge sheet and is afforded an opportunity of explaining the circumstances alleged against him. If an enquiry an order of suspension is confirmed or modified; the workman shall be deemed to be absent from duty for the period of suspension and shall not be entitled to any remuneration for such period. If, however, the order is rescinded, the workman shall be deemed to be on duty during the full period of suspension and shall be entitled to the same wages as he would have received if he had not been suspended.
(b) Major Misdemeanours.- The following acts or omissions whether alone or in combination with others shall be treated as major misdemeanours for which a workman is liable to dismissal:-
(1) Wilful insubordination or insult to superiors or disobedience of any lawful and reasonable order of a superior whether alone or in combination with others;
(2) Participation instigation or inducting, compelling or intimidating others to strike work, which is not inconsistent with the provisions of law for the time being in force.
(3) Slowing down in performance of work or inciting or inducing, compelling or intimidating others to resort to deliberate "go-slow";
(4) Refusal to accept bonafide transfer from one shift to another or from one section or department to another on similar machines or job of similar nature;
(5) Theft within the factory or fraud or dishonesty in connection with employers' business or property or workers' property;
(6) Demanding, offering or accepting bribes or any illegal gratification;
(7) Habitual absence not exceeding 10 days without permission;
(8) Soliciting or collecting contributions for any purpose whatsoever at any time in the factory premises without permission of the Manager;
(9) Engaging in private work or trade within the factory or engaging in other employment whilst still in the service of the company without the permission of the Manager;
(10) Riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline;
(11) Drunkenness, intoxication or indecent behaviour inside the factory premises;
(12) Habitual negligence or gross neglect of work and unauthorised stay beyond normal working hours with the intention of subversive activity;
(13) Organising, holding, any meeting within the factory premises without the permission of the Manager;
(14) Disclosing to any person information in regard to process or secrets of the company without authority;
(15) Gambling within the company's premises;
(16) Smoking within the company's premises in place where it is prohibited;
(17) Securing undue benefit by giving false information;
(18) Interfering with the record of attendance or means of recording attendance of himself or any other workman or falsification, defacement or destruction of any records of the company;
(19) Possession of any lethal weapons or arms on the company's premises except by the watch and ward and security staff;
(20) The commission of a minor misdemeanour after three previous warnings, fines or suspension or the habitual breach of any law or rule applicable to do so in accordance with law.
(2) Punishment for misconduct.- (a) A workman shall be liable for punishment as given in clause (b) below, if he has been guilty of a major misdemeanour. A workman dismissed for major misdemeanour shall not be entitled to any notice or pay in lieu of notice.
(b) The company may at his discretion give a workman the following punishment:-
(i) Censure or warning; or
(ii) Suspend him (without pay) for a period not exceeding 10 days at a time;
(iii) Withhold his increment with or without cumulative effect, reduce his pay or demote him;
(iv) discharge or dismissal.
(3) Procedure for dealing cases of Misconduct.- (1) If a major misdemeanour is alleged against a workman, the management before taking any act against the workman will hold an enquiry by an officer appointed for the purpose. He shall be given a charge sheet, clearly setting forth the circumstances alleged against him and requiring explanation. He shall be informed in writing about the time and place at which enquiry into his alleged misconduct is to be held. He shall be given an opportunity to answer the charge and permitted to be assisted by a workman of his choice, working in the establishment. If he refuses or fails to present himself for enquiry, the enquiry shall be conducted ex-parte. Except for reasons to be recorded in writing by the officer holding the enquiry, the workman shall be permitted to produce witnesses in his defence and cross examine any witnesses on whose evidence the charge rests. A concise summary of the evidence led on either side and the workman's plea shall be recorded.
(2) A workman charged with major misdemeanour may be suspended from duty for the alleged misconduct pending enquiry or final disposal of his case. Such an order shall be in writing and take effect immediately on delivery to the workman.
(3) The workman, who is placed under suspension, shall during the period of such suspension be paid a subsistence allowance at the following rates:-
(a) Where the enquiry is departmental, the subsistence allowance shall be equal to 1 /2 of his wages as defined in the Payment of Wages Act, 1936 (Central Act 4 of 1936) for the first 90 days. If the departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding 90 days, the subsistence allowance shall be paid at the rate of 3/4 of the wages, but if the enquiry is delayed beyond 90 days dire to reasons directly attributable to the workman, the subsistence allowance shall be reduced to 1 /4 of the wages.
(b) Where the enquiry is by an outside agency or, as the case may be, where any criminal charge against the workman is to under investigation or trial, the subsistence allowance shall be equal to 1/2 of the wages as defined in the Payment of Wages Act, 1936 (Central Act 4 of 1936) for the first 180 days. If such an enquiry gets prolonged and the workman continues to be under suspension for a period exceeding 180 days, the subsistence allowance shall be paid at the rate 3/4 of the wages, but if the enquiry is delayed beyond 180 days due to reasons directly attributable to the workman the subsistence allowance shall be reduced to 1/4 of the wages.
(c) If on the conclusion of the enquiry, or as the case may be, of the criminal proceedings, the workman has been found guilty of the charge and it is considered that an order of suspension may meet the end of justice, the employer shall pass orders accordingly. Where the period between the date on which the workman was suspended from duty pending the enquiry or the investigation and the date on which the final order of suspension was passed, exceeds 10 days, the workman shall be deemed to have been suspended only for 10 days or for such shorter period as is specified in the final 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.
(d) 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 charge and it is considered that an order of dismissal may meet the ends of justice, the employer shall pass orders accordingly, when such orders are passed, the workman shall be deemed to have been absent from duty during the period of such suspension and shall not be entitled to any remuneration for such period, but the subsistence allowance paid to him shall not be recovered:
Provided that in the case of a workman to whom the provisions of clause (2) of Article 311 of the Constitution applies, the provisions of the Article shall be complied with.
(e) If on the conclusion of the enquiry or as the case may be, of the criminal proceedings, the workman has been found not guilty of the charge, he shall be deemed to have been on duty during the period of such suspension and shall be entitled to the same wages as he would have received, if he had not been suspended, after deducting the subsistence allowance paid to him for such period.
(f) The payment of subsistence allowance shall, however, be subject to the workman concerned not taking any employment during the period of his suspension.
(4) In awarding punishment under the Standing Orders, the manager shall take into account the gravity of misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the manager shall be supplied to the workman.
- Grievance procedure.- All grievances or complaints arising out of employment, including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent, shall be investigated and settled in accordance with the grievance procedure, given in Annexure "A".
- Age of Superannuation.- The age of retirement or of superannuation of a workman shall be 58 years or such other age as may be agreed upon between the employer and workman or as may be fixed under a settlement or an award under the Industrial Disputes Act, 1947.
- Retirement Benefits.- The retirement benefits will be paid in accordance with the Payment of Gratuity Act, 1972.
- Certificate of Termination of Service.- Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
- Liability of Manager.- The Manager of the establishment shall personally be held responsible for the proper and faithful observance of the Standing Orders.
- Exhibition of Standing Orders.- A copy of these orders in Hindi or English and in the principal languages of the workman shall be posted at the manager's office and on a notice board maintained at or near the main entrance to the establishment and shall be kept in legible condition.
- Method of Posting.- General notices required by these Standing Orders shall be considered sufficient if exhibited on the notice boards maintained for such purposes, and in case of absentees, if these concern the individual worker or workers who is or are absent and are not of a general nature shall be sent to their last known address as per company's records under certificate of posting.
- Entry and Search.- (i) All workmen shall enter or leave the factory or the department by the gates fixed for the purpose. During working hours factory gates may be closed at the discretion of the management. Workman shall not leave the premises during working hours without, a pass-out slip.
(ii) 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 contagious and infectious diseases, shall immediately leave the premises of the establishment and shall not enter any part of it, except with the express permission of the manager.
(iii) Workmen are liable to be searched at any time of entering and leaving the factory and at any time whilst on duty, by any person authorised by the company:
(a) No search shall be made except, in the presence of at least one other person.
(b) No female worker shall be searched except by and in the presence of one other female worker.
[27. Service Record. - Matters relating to service card, token tickets, certification of service, change of residential address of workers and record of 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.- (a) 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:
(b) The existing entries in para 15 of Schedule I and para 20 of Schedule 1A shall be omitted.
(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 of his residential address, his last 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 entering service of the establishment. This employer or 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 or school leaving certificate granted by the Board 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 Registrar of Birth;
(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 born by the employer;
(iv) Where it is not practicable to obtain a certificate from a Government Medical 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 workman's 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 card of the establishment shall be the sole evidence of his age in relation to all matters pertaining to his service including fixation of date of his retirement from the service of the establishment. All formalities regarding recording of the date of birth shall be finalised within three months of the appointment of a workman.
(c) Cases where date of birth of any 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 is not available and the year of birth is only established then the 1st July of the said year shall be taken as the date of birth.
- 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. Wherever a workman is confirmed, an entry with regard to the confirmation shall also be made in his service card within a period of thirty days from the date of such confirmation.
- Transfer.- A workman may be transferred according to 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 that the wages, grade, continuity of service and other conditions of service of the workman are not adversely affected by such transfers:
Provided further that a 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 letter of appointment, 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 station to another. The workman concerned shall be paid travelling allowance including the transport charges, and fifty per cent, thereof to meet incidental charges.
- 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 employer's expense, make satisfactory arrangements for immediate and necessary medical aid to the injured workman and shall arrange for his further treatment, if considered necessary by the doctor attending on him. Wherever the workman is entitled for treatment and benefits under the Employees State Insurance Act, 1948 or the Workmen Compensation Act, 1923, the employer shall arrange for the treatment and compensation accordingly.
- Medical Examination.- Wherever the recruitment rules specify medical examination of a workmen 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 the work premises except with the written permission of his immediate superior, nor shall he in any way pass or cause to be passed or disclose or cause to be disclosed any information or matter concerning the manufacturing process, trade secrets and confidential documents of the establishment to any unauthorised 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 affect the interest of this employer.]
Form 'A'
Form of Application for Enrolment
| Name and address of Industrial Establishment.................................... | |||||||
| No.......................... | Dated...................... | ||||||
| Workmen's Application for Enrolment | |||||||
| Name …..................... | Father's Name ….......................... | ||||||
| Age …................... | Years................ Months …............ | ||||||
| Education …................... | Past experience …......................... | ||||||
| Home Address | Village ….................. | Thana …....................... | |||||
| P.O. ….................. | District …...................... | ||||||
| Local Address | House No. …............... | Room No …................... | |||||
| Name of house owner.......................... | |||||||
| Road........................... | Moholla …................ | ||||||
| Preset employment (if employed) …................................................... | |||||||
| Previous employment........................................................................... | |||||||
| Name of Employer | Address | Duration | Capacity | Reason for leaving | |||
| 1 | 2 | 3 | 4 | 5 | |||
| 1. 2. 3. | |||||||
| Post desired ….................................. | |||||||
| Other posts he can fill …........................... | |||||||
| Reference ….................................... | |||||||
| Name | Father's Name | Address | Occupation | ||||
| Signature or left thumb impression of witnesses | Signature or left thumb impression of applicant |
Form 'B'
Name of Industrial Establishment
Leave Pass
| No. …...................... | Dated …........................ |
| Name …....................... | Son of …....................... |
| T.No. …......................... | Deptt …......................... |
| Period of leave …......................... | From.................. to................... |
| To report for duty on ….......................... | Day........................ date........................ |
| Address whilst on leave............................... |
Signature or thumb impression of operative
Sanctioning Officer
Annexure 'A'
Model Grievance Procedure
- Grievance Machinery.- A Grievance Machinery will be required to be set up on each undertaking to administer the Grievance procedure. The minimum requirements of such a machinery would be as follows, except where an established procedure is already working to the mutual satisfaction of either party. Even in the latter case, every effort shall be made to bring the procedure on conformity with the Guiding principles.
For the purpose of constituting a fresh Grievance Machinery, workers in each department (and where a department is too small in a group of departments) and each shift, shall elect, from amongst themselves and for a period of not less than one year at a time, departmental representative and forward the list of persons so elected to the management. Where the union(s) in the undertaking are in a position to submit an agreed list of names, recourse to election may not be necessary, similar is the case where works Committee are functioning satisfactorily, since the workers committee member of a particular- constituency shall act as the department representative. Correspondingly, the management shall designate the persons for each department, who shall he approached at the first stage and the department heads for handling grievances at the second stage. Two or three of the departmental representatives of workers and two or three departmental heads nominated by the management, shall constitute the Grievance Committee, the composition of which is indicated in part B. In the case of appeals against discharges or dismissals, the management shall designate the authority to whom appeals could be made.
- Grievance Procedure.- While adaptations have to be made to meet special circumstances such as those obtaining in the Defence undertaking, Railways, plantations and also small undertakings employing fee workmen the procedure normally envisaged in the handling of Grievances should be followed:-
(1) An aggrieved employee shall first present his grievance verbally in person to the officer designated by the management for this purpose. An answer shall be given within 48 hours of the presentation of complaint.
(2) If the worker is not satisfied with decision of this officer or fails to receive an answer within the stipulated period, he shall either in person or accompanied by him departmental representation, present his grievances, to the Head of the Department designated by the management for the purpose of handling grievances. (For this purpose affixed time shall be specified during which on any working day, an aggrieved worker could meet the departmental head for presentation of grievances). The Departmental Head shall give his answer within 3 days of the presentation of grievance. If action cannot be taken within that period, the reason for delay should be recorded.
(3) If the decision of the Departmental Heads is unsatisfactory the aggrieved worker may request the forwarding of his grievance to the 'Grievance Committee' which shall make its recommendations to the Manager within 7 days of the worker's request. If the recommendations cannot be made within this time the reason for such delay should be recorded. Unanimous recommendations of the Grievance Committee shall be implemented by the management. In the event of a difference of opinion, among the members of the Grievance Committee the views of the members alongwith the relevant papers shall be placed before the Manager for final decision. In either cause, the final decision of the management shall be communicated to the workmen concerned by the personal Officer within 3 days from the receipt of the Grievance Committee's recommendations.
(4) Should the decision from the management be not forth coming within the stipulated period or should it be unsatisfactory, the worker shall have the right to appeal to management for a revision. In making this appeal, the worker if he so desires, shall have the right to take a union official alongwith him to facilitate discussion with Management. Management shall communicate their decision within a week of the workman's revision petition.
(5) If no agreement is still possible, the union and the management may refer the grievance to voluntary arbitration within a week of the receipt by the worker of Management's decision.
(6) Where a worker has taken up a Grievance for redressal under this procedure, the formal conciliation machinery shall not intervene till all steps in the procedure are exhausted. A grievance shall be presumed to assume the form of a dispute only when the final decision of the top management in respect of the Grievance is not acceptable to the worker.
(7) If a grievance arises out of an order given by management the said order shall be complied with before the workman concerned invokes the procedure laid down for redressal of grievance. If, however, there is a time lag between the issue of order and its compliance, the grievance procedure may immediately be invoked but the order nevertheless must be complied within the due date, even if all the steps in the grievance procedure have not been exhausted. It may however be advisable for the management to await the findings of Grievance procedure machinery.
(8) Worker's representatives on the Grievance Committee shall have the right to access to any document connected with the inquiry maintained in the Department and which may be necessary to understand the merit or otherwise of the worker's grievances. The management's representatives shall have the right, however, to refuse to show any document or give any information which they consider to be of a confidential nature. Such confidential document(s) shall not be used against the workmen in the course of the grievance proceedings.
(9) There shall be a time-limit within which an appeal shall be taken from one step to the other. For this purpose, the aggrieved worker shall within 72 hours of the receipt of the decision at one stage (or if no decision is received, on the expiry of the stipulated period), file his appeal with the authority at the next higher stage should he feel inclined to appeal.
(10) In calculating the various time intervals under the above clause, holidays shall not be reckoned.
(11) Management shall provide the necessary clerical and other assistance for the smooth functioning of the grievance machinery.
(12) If it is necessary for any worker to leave the department during working hours on call from the Labour/Personnel Officer or any other Officer of the established grievance machinery, previous permission of his superior shall necessarily be obtained. Subject to this condition, the worker shall not suffer any loss in wages for the work-time lost in his manner.
(13) If, however, there be any complaint against any individual member or the staff, who is nominated by the management to handle grievance at the lowest level, the workman may take up his grievance at the next higher stage i.e. at the level of Departmental Head.
(14) In the case of any grievance arising out of discharge or dismissal of a workman, the above mentioned procedure shall not apply. Instead, a discharged or dismissed workman shall have the right to appeal either to the dismissing authority or to a senior authority who shall be specified by the management, within a week from the date of dismissal or discharge. At the time the appeal is heard the workman may, if he so desires, be accompanied by either an official of the recognised union or a fellow worker, as the case may be.
- Constitution of Grievance Committee.- (1) In the case where the Union is recognised-Two representatives of management plus a union representative and the union departmental representative of the department in which the workmen concerned work.
(2) In the case where the union is not recognised or there is no union but there is a Works Committee-Two representatives of management plus the representatives of the department of the workman concerned on the works committee plus either the Secretary or Vice-President of the Works Committee (This is in the case the Secretary of the Works Committee is also the Workman's departmental representative).
It is suggested that in the case of the management their representatives should be the departmental head plus the official who dealt with the matter at the first stage, or the personal officer should act as an adviser.
The size of the Grievance Committee should be limited to a maximum of four six, otherwise it becomes unwieldily.)
Schedule II
Form I
[Vide rule 6 of the Rajasthan Industrial Employment (Standing Orders) Rule 1963]
Dated the.......... 19....
The Certifying Officer
&
Labour Commissioner,
Government of Rajasthan,
Jaipur.
Sir,
Under the provisions of section 3 of the Industrial Employment (Standing Order) Act, 1946, I enclose five copies of the draft Standing Orders proposed by me for adoption in................
(Name of the industrial Establishment)
(Place)
(Postal Address)
an Industrial Establishment owned/controlled by me, with the request that these orders may be certified under the provisions of the Act. I also enclose a statement giving the particulars prescribed in rule 7 of the Rajasthan Industrial Employment (Standing Orders) Rules, 1963.
| I am etc., | |
| (Signature)............................ Employer |
Manager
Form II
[Vide rule 8 of the Rajasthan Industrial Employment (Standing Orders) Rules, 1963].
Notice Under Section 5 of the Industrial Employment (Standing Orders) Act, 1946.
Office of the Certifying Officer, Rajasthan, Jaipur.
Dated the............ 19....
I .................. Certifying Officer, Rajasthan, Jaipur forward herewith a copy of the draft Standing Orders proposed by the employer for adoption in the ............. Industrial Establishment and submitted to me for certification under the Industrial Employment (Standing Orders) Act, 1946. Any objection which the workmen may desire to make to the draft Standing Orders, should be submitted to me within fifteen days from the receipt of the notice.
....................... (Certifying Officer)
Seal
To
The Secretary .................
| Representative elected under rule 6. | Name................................ |
| Occupation....................... | |
| Industrial........................... | |
| Establishment................... |
Form III
[Vide Rule 16 of the Rajasthan Industrial Employment (Standing Orders) Rules, 1963].
The Industrial Employment (Standing Orders) Act, 1946 Section 8
Register ............... Part I.
Industrial Establishment
| Date of the despatch of the copy of Standing Orders authenticated under section 50 for the first time | Date of filing appeal | Date and nature of decision | Amendments made on appeal if any | Date of the despatch of the co[y of Standing Orders as settled on appeal | Any notice subsequently given or received on any amendment | Remarks |
Form IV
[Vide Rule 7 of the Rajasthan Industrial Employment (Standing Orders) Rules, 1963].
To
The Certifying Officer, Rajasthan, Jaipur.
Sir,
Under the provisions of sub-section (4) of section 3 of the Industrial Employment (Standing Orders) Act, 1946, we enclose copies of the draft Standing Orders jointly proposed by the Industrial Establishments specified in the Annexure A, with the request that these orders may be certified under the provisions of the Act and the rules made thereunder.
- We also furnish in Annexure B, the particulars prescribed in rule 7 of the Rajasthan Industrial Employment (Standing Orders) Rules, 1963, and the matters set out in the Schedule to the Act as far as applicable in respect of each of the Industrial Establishments specified in Annexure A, which are intended to be adopted as the joint Standing Orders.
- A copy of the resolution in pursuance of which we are authorised to make this application for joint draft Standing Orders is enclosed, as Annexure "C".
Yours faithfully.
| S.No. | Signature of emloyers/ Manager | Representative, Secretary, etc. Association | Capacity of the | President employees |
| 1. 2. 3. 4. Etc. |
Note.- The number of copies of draft orders to be sent should be equal to the number of trade unions of which the workmen in any of the industrial Establishments are members plus the members of the establishments, whose workmen are not members of any trade unions,plus five.
Thus, if out of 20 industrial establishments, the workmen of 6 are members of one trade union, the numbers of copies required will be 1 plus (20-6) plus 5=60.
Annexure 'A'
| S. No. | Name of industrial Establishment | Place | Postal address | Signature of the employer |
| 1 | 2 | 3 | 4 | 5 |
Annexure 'B'
| S. No. | Name of industrial Establishment | Total no. employed | Number of permanent workmen | Number of temporary workmen |
| 1 | 2 | 3 | 4 | 5 |
| No. of Badlies or substitutes. | No. of probationers. | No. of apprentices. | No. of trade union(s) if any, to which the workmen belong. | Remarks |
| 1 | 2 | 3 | 4 | 5 |
Annexure 'C'
(Copy of the resolution)
[Form V]
(See Standing Order 1, schedule I-B)
Service Card
Name of Estt./Factory /Ticket/ Token No.
- Register Serial No.
- Name
- Specimen Signature/Thumb Impression
- Father's or Husband's Name
- Sex
- Religion
- Date of Birth
- Place of Birth
- Date of joining
- Details of Medical Certificate at the time of joining
- Educational and other qualifications
- Can Read
- Can Write
- Can Speak
- Height
- Identification Marks
- Category of Workman
- Department
- Details of family members.
- Permanent Address
- Local Address
- Quarter No,
- Life Insurance Policy No.
- Provident Fund Account No.
- Nominee for Gratuity
- Nominee for pension, if any
- Employees State Insurance No.
- Training courses attended (details)
- (Eligibility for higher jobs)
- Proficiency tests passed.
Employment History
| Department | Token No. | Designation | Scale of pay | Joint | Left Reason |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Absence Periods | + | ||||
| From..... | To..... | Reason | Medical reports regarding suitability for continued employment. | ||
