Rules - The Maharashtra Industrial Employment (Standing Orders) Rules 1959
Rules - The Maharashtra Industrial Employment (Standing Orders) Rules 1959
(5) The workmen declared elected at the meeting by the person presiding shall be
the representatives of the workmen for the purposes of the Act and these rules.
5. Application for modification
An application for modification under sub-section (2) of Section 10 of the Act, may be
made on behalf of any workman in any industrial establishment,-
(i) by any other workman employed in such industrial establishment, or
(ii) by his representative elected under Rule 4.
6. Particulars of statements
(1) Every employer who submits draft amendments under sub-section (1) of Section
3 of the Act or applied for modification under sub-section (2) of Section 10 of the
Act, shall furnish the Certifying Officer separate statements in Form 'A' in respect
of
(i) workmen doing manual or technical work, 5[****]
(ii) workmen doing clerical or supervisory work,
6
(iii) [Working Journalists in the case of newspaper establishment]
Each such statement shall contain the following particulars, namely:-
(a) the total number of workmen employed in the industrial
establishment;
(b) the number of permanent workmen, probationers, badlis or
substitutes, temporary workmen, apprentices, part-time workmen
and casual workmen; and
(c) the name of the trade union or unions, if any, of which the workmen
are members.
(2) Every workman submitting draft amendments under sub-section (1) of Section 3
of the Act and every workman or his representatives making application for
modification under sub-section (2) of Section 10 of the Act shall furnish the
Certifying Officer with a statement in Form 'B'
7. Submission of joint draft
A group of employers in similar industrial establishment may submit a joint draft of
amendments provided such joint draft is submitted through a person authorised in this
behalf by such group and five times as many copies of the drafts as the number of
industrial establishments to which the joint draft is to apply as submitted. The
following particulars shall be furnished along with the joint draft namely:-
(i) a list of employers constituting the group with the name and address in full of
each establishment;
(ii) a declaration that the industrial establishments constituting the group have
agreed to abide by the conditions laid down in the joint draft;
(iii) statements prescribed by sub-rule (1) of rule 6 in respect of each of the industrial
establishments Constituting the group.
5
naye paise for every 25 words or part thereof. For certified copies, an additional fee of
five naye paise per 100 words or part thereof shall be charged, and on the total
amount payable for a certified Copy a surcharge of 25 per cent shall be levied.
13. Procedure in appeal
(1) Any person desiring to prefer an appeal against an order of the Certifying Officer
shall draw up a memorandum of appeal setting out the grounds of appeal and
forward it in quadruplicate accompanied by a certified copy of the amendments
or modifications and of the order of the Certifying Officer against which the
appeal is preferred, to the Registrar of the Industrial Court.
(2) The appellate authority shall, after giving the appellant an opportunity of being
heard, unless it comes to the conclusions that the decision of the Certifying
Officer is contrary to law or otherwise erroneous, confirm the amendments or
modifications as certified by him.
(3) Where the appellate authority does not confirm the amendments or
modifications it shall fix a date for the hearing of the appeal and direct notice
thereof to be given-
(a) where the appeal is filed by the employer or a workman, to trade unions of
the workmen on the industrial establishment and where there are no such
trade unions to the representatives of workmen elected under Rule 4, or as
the case may be, to the employer;
(b) where the appeal is filed by a trade union, to the employer and all other
trade unions of the workmen of the industrial establishment;
(c) where the appeal is filed by the representatives of the workmen, to the
employer and any other workmen whom the appellate authority joins as a
party to the appeal;
(4) The appellate authority shall furnish each of respondents with a copy of the
memorandum of appeal.
(5) The appellate authority may at any stage call for any evidence it considers
necessary for the disposal of the appeal.
(6) On the date fixed under sub-rule (3) for the hearing of the appeal, the appellate
authority shall take such evidence as it may have called for or considers to be
relevant.
14. Application under Section 13-A of the Act
(1) Every application made under Section 13-A of the Act shall be forwarded to the
Labour Court by registered post or be presented to the clerk of the Court or any
other subordinate officer authorised by the Court in this behalf.
(2) Such application may be made on behalf of any workman in any industrial
establishment,-
(i) by any other workman employed in such industrial establishment, or
(ii) by his representative under Rule 4.
7
14A. Procedure to be followed by Labour Courts in deciding applications under Section 13-
A of the Act
(1) The Labour Court in deciding applications under section 13A of the Act may
follow the procedure of judicial enquiry which may cover examination of
documents, witness and other evidence, produced by the parties. For this
purpose, the Labour Court shall have the powers as are vested in it under the
Industrial Disputes Act, 1947 in so far as they are applicable in deciding such
applications.
(2) Without prejudice to the generality of the provisions of sub-rule (1) the Labour
Court shall, as far as it may be applicable, follow the same procedure which is
being followed by it in dealing with matters under the Industrial Disputes Act,
1947, in regard to-
(i) production arid exhibiting documents,
(ii) examination of witnesses,
(iii) adjournments,
(iv) filing of affidavits,
(v) commissions,
(vi) sitting of the Court and hearing of matters,
(vii) authorisation of representatives,
(viii) maintenance of Rozanama,
(ix) awards and orders, and
(x) certified copies and charges therefor.
15. Inclusion of additional mattes in Schedule to the Act
The following additional matters shall be included in the Schedule to the Act 7[after
items 1, 7 and 10- A respectively,] namely:-
"1-A. Workmen's tickets and registers.
7-A. Closing and re-opening of the entire industrial establishment or departments
thereof and the rights and liabilities of the employer and workmen arising therefrom."
8
[1 0-B. Medical examination (including provision for bearing expenses therefor)]
16. Repeals
The Industrial Employment (Standing Orders) Central Rules, 1946 as in force in the
Kutch area of the State of Maharashtra, the Central Provinces and Berar Industrial
Employment (Standing Orders) Rules, 1947, as in force in the Vidarbha region of the
State of Maharashtra, the Maharashtra Industrial Employment (Standing Orders)
Rules, 1948, as in force in the - pre-Reorganisation State of Maharashtra, excluding the
transferred territories, the Saurashtra Industrial Employment (Standing Orders) Rules,
1949, and the Hyderabad Industrial Employment (Standing Orders) Rules, 1953, as in
force in the Hyderabad area of the State of Maharashtra are hereby repealed:
8
Provided that any order made or action taken under the rules so repealed shall be
deemed to have been made or taken under the corresponding provisions of these
rules.
SCHEDULE I MODEL STANDING ORDERS
A. FOR WORKMEN DOING MANUAL OR TECHNICAL WORK
1. These Orders shall apply to all workmen employed in the establishment to do manual
or technical work.
2. In these orders, unless the context requires otherwise-
(a) 'the establishment' means 9[….................. ]
(b) 'Manager' means the person for the time being managing the establishment and
includes any other officer duly authorised by the employer to act as manager,
such authorisation being notified to the workmen by displaying it on the notice
board of the establishment
(c) 'Proprietor' means the person having ultimate control over the affairs of the
establishment;
(d) 'Ticket' includes a card, pass or token.
3.
(1) Workmen shall be classified as,-
(a) permanent workmen;
(b) probationers;
(c) 'badlis' or substitutes;
(d) temporary workmen;
(e) casual workmen; and
(f) apprentices.
10
(2) [
(a) 'Permanent workman' means a workman who has been employed on a
permanent basis or who, having been employed as a badli or a temporary
workman has subsequently been made permanent by an order in writing
by the Manager or any person authorised by him in that behalf and
includes an apprentice who is asked or appointed to work in post or
vacancy of a permanent workman for the purpose of payment of wages to
him, during the period he works on such post or in such vacancy.
(b) 'Probationer' means a workman who is provisionally employed to fill a
permanent vacancy or post and who has not completed three months'
11
"uninterrupted" service in the aggregate in that post.
(c) 'Badli' or 'substitute' means a workman who is appointed to the post of a
permanent workman or probationer, who is temporarily absent and whose
name is entered in the badli register.
9
(d) 'Temporary workman' means a workman who has been appointed for a
limited period for work which is of an essentially temporary nature and
who is employed temporarily as an additional workman in connection with
temporary increase in work of a permanent nature.
12
(e) ['Casual workman' means a workman who is employed for any work
which is not incidental to, or connected with the main work of
manufacturing process carried on in the establishment and which is
essentially of a casual nature].
(f) 'Apprentice' means a workman who is a learner and who may or may not
be paid an allowance during the period of his training:
Provided that no workman shall be classified as an apprentice if he has had training for
an aggregate period of one year.
13
(g) [('Uninterrupted service' includes service interrupted on account or any
of the following reasons, namely:-
(i) Sickness, as certified by a doctor of Employees' State Insurance
Scheme where such scheme is applicable, or elsewhere by a
Registered Medical Practitioner.
(ii) Accident
(iii) Authorised leave
(iv) Lay-off as defined in the Industrial Disputes Act, 1947 (XIV of 1947)
(v) Strike which is not illegal
(vi) Lock-out
(vii) Cessation of work which is not due to any fault of the workman
concerned
(viii) Involuntary unemployment
4. If a permanent workman is employed as probationer in a new post, he may, at any
time during the probationary period, be reverted to his old permanent post by an
order in writing signed by the Manager.
14
[4A. Every probationer who has completed the period of three months uninterrupted service
in the post in which he is provisionally employed shall be made permanent in that post
by the Manager by an order in writing, within seven days from the date of completion
of such service]
Provided that, where certified standing orders which prevail on the date of coming
into force of this rule prescribe a longer probationary period than three months, the
probationer shall complete such probationary period:
Provided further that, if the services of the probationer are found to be unsatisfactory,
the Manager may terminate his services after his probationary period.
Explanation: For the purposes of this clause, the probationary period shall not include
any interrupted service and shall not be deemed to have been broken by such
interrupted service.
10
4-B.
(1) Wherever the badli system prevails the Manager shall maintain a register of
badlis shift wise containing the following particulars, namely:-
(i) their names and addresses,
(ii) the nature of work or occupation in which they were employed;
(iii) the shifts in which they were working while in employment,
(iv) the wages paid to them during employment, and
(v) the dates of termination of their services.
The names of badlis who are found to be irregular in attendance or inefficient in
work; may be removed from such register after giving them sufficient
opportunity to improve.
(2) All temporary vacancies of permanent workmen shall be filled by appointing
their badlis whose names are entered in the register maintained under sub-
clause (1). Such appointment shall be made on the basis of seniority-cum-
regularity in attendance
(3) In filling permanent vacancies in any class of occupation in the establishment,
badlis who have worked in that class of occupation shall be given preference
wherever they are employed. Subject to clause 4-C, badlis appointed in such
vacancies shall be made permanent on the basis of seniority-cum-regularity in
attendance. Where badli system does not prevail, temporary workmen shall be
given preference.
4-C.
A badli or temporary workman who has put in 190 days' uninterrupted service in
the aggregate in any establishment of seasonal nature or 240 days
"uninterrupted service" in the aggregate in any other establishment, during a
period of preceding twelve calendar months, shall be made permanent in that
establishment by order in writing signed by the Manager, or any person
authorised in that behalf by the Manager, irrespective of whether or not his
name is on the muster roll of the establishment throughout the period of the
said twelve calendar months.
Explanation: For purpose of this clause any period of interrupted service, caused by
cessation of work which is not due to any fault of the workman concerned, shall not be
counted for the purpose of computing 190 days or 240 days, or, as the case may be,
for making a badli or temporary workman permanent.
4-D.
(1) The Manager shall maintain a waiting list of all temporary workmen whose
services have been terminated on account of the completion of the work for
which they were appointed or on account of the expiry of the period for
which they were employed, containing the following particulars, namely:-
(i) their names and addresses,
(ii) the nature of work or occupation in which they were employed,
11
gate or gates appointed under the Standing Order 16, and in the case of a
department or section also in the department concerned.
(5) On the re-opening of a department or section or the establishment, as the case
may be, preference for employment will be given to the workmen whose
services were terminated on account of the closure according to the length of
their service in the establishment and the department and the occupation
concerned provided that they present themselves for service at the latest by the
day of re-opening.
11.
(1) All workmen shall be at work in the establishment at the time fixed and notified.
Workmen attending late shall be liable to shut out and treated as absent:
Provided that no workman who attends within 15 minutes of the starting time shall be
shut out.
(2) Any workman, who after delivering his ticket is found absent from his proper
place of work during working hours without permission or without sufficient
reason, shall be liable to be treated as absent for the period of his absence
12. Subject to the provisions of clause (1) of the Standing Order 13, leave with wages and
allowances shall be granted to all workmen in accordance with the law applicable to
the establishment in which such workmen are employed or any agreement, settlement
or award for the time being in force, or the contract of service or any Custom or usage
of the establishment.
13.
(1) Grant of leave to a workman shall depend on the exigencies of the
establishment and shall be at the discretion of the Manager.
(2) A workman who desires to obtain leave of absence shall apply in writing to the
Manager or any officer appointed for the purpose by the Manager. Such
application for leave shall be made at least seven day before the date from
which leave is to commence, except in urgent cases or unforeseen
circumstances when it is not possible to do so. The Manager or any officer
employed by him in this behalf shall issue orders on such application within
three days of the presentation of the application and in cases of an urgent
nature immediately. If the leave asked for is granted, leave pass showing the
date from which the leave of absence commence and the date on which the
workman will have to resume duty shall be issued to the workman. Where
leave is refused or postponed, the fact of such refusal or postponement and the
reasons therefor shall be recorded in writing in a register to be maintained for
the purpose, and if the workman so desires a copy of such entry in the register
shall be supplied to him.
(3) If a workman after proceeding on leave desires an extension thereof, he shall
make an application for the purpose to the Manager, in writing. A written reply
conveying the grant or refusal of extension of leave shall be sent to the
workman at the address given by him if such reply is likely to reach him before
the expiry of the leave originally granted to him.
14
(4) A workman remaining absent beyond the period of leave originally granted or
subsequently extended, shall be liable to lose his lien on his appointment
unless he returns within eight days of the expiry of the sanctioned leave and
explains to the satisfaction of the authority granting leave his inability to
resume his duty immediately on the expiry of his leave. A workman who loses
his lien under the provisions of this Standing Order but reports for duty within
fifteen days of the expiry of his leave
(i) shall be kept as 'badli if he so desires and his name shall thereupon be
entered in the 'bad' register, and
(ii) if no 'badlis' are employed, his name shall be kept on a waiting list of
person to be given preference for employment as and when suitable
vacancies occur
14.
(1) Every workman shall be entitled to casual leave.
(2) Casual leave shall be non-cumulative and no leave of any kind may be
combined with casual leave.
(3) Except for emergent reasons, casual leave shall be limited to three days at a
time. Casual leave is intended to meet special or unforeseen circumstances for
which provision cannot be made by exact rules.
(4) Holidays declared by the establishment and weekly holidays may be prefixed or
suffixed to casual leave
(5) Ordinarily, the previous permission of the Manager or of the head of the
prefixed or suffixed to casual leave department shall be obtained before taking
such leave. When this is not possible the Manager or the head of the
department shall, as soon as may be practicable, be informed in writing or
orally through any person of the absence from work and the probable duration
of such absence.
15. Except in the case of casual workmen, a record shall be maintained in a register of all
leave of absence which is sanctioned, refused or postponed and reasons for refusal or
postponement shall in every case be entered therein. The record shall be open to
inspection by the workmen concerned.
16. No workman shall enter or leave the premises of the establishment except by the gate
or gates appointed for the purpose.
17.17.
(1) Any workman may, when leaving the department or the premises' or the
establishment, be searched at the points of exit of the department, or the
establishment by the gateman or any person appointed by the Manager for the
purpose.
(2) Any female worker may be detained by the gateman or any person appointed
by the Manager for the purpose of search by a female searcher, if acting
without malice he suspects that she is in wrongful possession of property
belonging to the establishment.
15
(3) Every search shall be conducted in the presence of not less than two persons
and a female worker shall not be searched in the presence of any male person,
except with her consent.
(4) Subject to the provisions of the above clauses, any member of a Works
Committee constituted under the provisions of the Industrial Disputes Act,
1947, may be present at a search made under this Standing Order.
18.18.
(1) In the event of a fire, catastrophe, breakdown of machinery, stoppage of power
supply, an epidemic, civil commotion or other cause beyond the control of the
Manager, the Manager may, at any time without notice or compensation in lieu
of notice stop any machine or department wholly or partially or the whole or
part of the establishment for a reasonable period.
(2) In the event of a stoppage under clause (1) during working hours, the workmen
affected shall be notified as soon as practicable, when work will be resumed
and whether they are to remain or leave the establishment. The period of
detention in the establishment shall not ordinarily exceed one hour after the
commencement of the stoppage. If the period of detention does not exceed
one hour, workmen so detained shall not be paid for such period. If the period
of detention in the establishment exceeds one hour, workmen so detained shall
be entitled to receive wages (including all allowances) for the whole of the time
during which they are detained in the establishment as a result of the
stoppage. In the case of piece-rate workmen the average daily earning for the
previous months shall be taken to be the daily wages.
(3) Whenever practicable reasonable notice shall be given of the resumption of
normal work, and all such workmen laid off under this Standing Order Who
present themselves for work, when work is resumed, shall be given preference
for employment.
(4) All notices required to be given under this Standing Order shall be displayed on
notice-boards at the time-keeper's office and at the main entrance to the
establishment. Where a notice pertains to a particular department or
departments only, it shall be displayed in the department concerned.
19. In cases where workmen are laid off under Standing Order 18, they shad be considered
as temporarily unemployed and the period of such unemployment shall be treated as
leave with pay to the extent such leave is admissible and leave without pay for the
balance of the period. When however workmen have to be laid off for an indefinite
period exceeding two months, their services may be terminated after giving them due
notice or pay in lieu thereof.
20. Workmen may be laid off due to shortage of orders, temporary curtailment of
production or similar reasons and consequent stoppage of any department, for a
period not exceeding six days in aggregate (excluding statutory holidays), in any month,
provided that seven days' given. A workman laid off under the Standing Order for more
than five days in a month may, on being laid off, leave his employment on intimation of
his intention to do so.
16
21. Notwithstanding anything contained in Standing Orders 18,19 and 20, the rights and
liabilities of employers and workmen in so far as they relate to lay off shall be
determined in accordance with the provisions of Chapter V-A of the Industrial Disputes
Act, 1947:
Provided that nothing contained in the said Chapter shall have effect to derogate from
any right which a workman has under the Minimum Wages Act, 1948, or any
notification or order issued thereunder or any award for the time being in operation or
any contract with the employer.
22. The manager 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 as well as any other sections, or departments affected by such
closing down. The fact of such closure shall, as soon as practicable, be notified by notice
displayed on the notice-boards in the departments concerned, at the gate or gates
appointed under Standing Order 16 and In the time-keeper's office or at or near the
main entrance of the establishment. The workmen concerned shall also be notified by
general notice put up at the places where notices of closure mentioned above are to be
displayed prior to the resumption of work as to when work will be resumed.
23.23.
(1) Subject to the provisions of the Industrial Disputes Act, 1947, the employment
of a permanent workman employed on rates other than the monthly rate of
wages may be terminated by giving him fourteen days’ notice or by payment of
thirteen days' wages (including all admissible allowance) in lieu of notice.
(2) Save as otherwise provided in these Standing Orders a permanent workman
employed on rates other than the monthly rates of wages desirous of leaving
the service may do so by giving the Manager fourteen days' notice in
(3) Where the employment of a workman is terminated under sub-rule (1) or
writing where a workman leaves the service under sub-rule (2) and such
workman draws wages on piece rate basis, wages shall be computed on the
average daily earnings of such workman for the days he actually worked during
the previous
(4) The employment of a permanent workman employed on the monthly rates
wage period of wages may be terminated by giving him one month's notice or
on payment of one month's wages (including all admissible allowances) in lieu
of notice.
15
[(4A) The reasons for the termination of service of a Permanent workman shall be
recorded in writing and communicated to him, if he so desires, at the time of
discharge, unless such communication, in the opinion of the Manager, is likely,
directly or indirectly, to lay any person open to civil or criminal proceedings at
the instance of the workman.]
(5) Save as otherwise provided in these Standing Orders, a permanent workman
employed on the monthly rates of wages, desirous of leaving the service shall
give in writing 16[one month’s notice] to the Manager of his intention to do so.
17
(6) If a permanent workman leaves the service without giving notice no deductions
on that account shall be made for his wages, but he shall be liable to be sued
for damages.
(7) All classes of workmen other than those appointed on a permanent basis may
leave their service or their services may be terminated without notice or pay in
lieu of notice: provided that the services of a temporary workman shall not be
terminated as a punishment unless he has been given an opportunity of
explaining the charges of misconduct alleged against him in the manner
prescribed in the Standing Order 25.
(8) When the employment of any workman is terminated, the wages earned by
him shall be paid to him before the expiry of the second working day from the
day on which his employment is terminated. In the case of workman leaving
the service, the payment of the wages earned by him shall be made within
seven days from the date on which he leaves the service. All other sums due to
a workman shall be paid before the expiry of one month from the date of
termination of his service or, as the case may be, from the date he left service.
(9) An order of termination of service shall be in writing and shall be signed by the
Manager and copy whereof shall be supplied to the workman concerned. In
cases of general retrenchment, closing down of departments or termination of
service as a result of a strike, no such order shall be given.
24. The following acts and commissions on the part of a workman shall amount to
misconduct
(a) wilful insubordination or disobedience, whether or not in combination with
another, of any lawful and reasonable order of a superior;
(b) going on an illegal strike or abetting, inciting, instigating or acting in
furtherance thereof;
(c) wilful slowing down in performance of work, or abetment or instigation
thereof;
(d) theft, fraud or dishonesty in connection with the employers' business or
property or the theft or property of another workman within the premises the
establishment;
(e) taking or giving bribes or any illegal gratification;
(f) habitual absence without leave, or absence without leave for more than ten
consecutive days or overstaying the sanctioned leave without sufficient
grounds or proper or satisfactory explanation;
(g) late attendance on not less than four occasions within a month;
(h) habitual breach of any Standing Order or any law applicable to the
establishment or any rules made thereunder;
(i) collection without the permission of the Manager of any money within the
premises of the establishment except as sanctioned by any law for the time
being in force
(j) engaging in trade within the premises of the establishment;
18
(i) For the first ninety days of the suspension period subsistence allowance
to be paid per month shall be equal to one-half of basic wages, dearness
allowance and other compensatory allowance to which the workman
would have been entitled if he were on leave with wages.
(ii) If the enquiry gets prolonged and the workman continues to be under
suspension for a period exceeding ninety days, the subsistence allowance
to be paid per month for a further period of ninety days shall be equal to
three-fourths of such basic wages, dearness allowance and other
compensatory allowances.
(iii) If the enquiry is not completed within a period for 180 days, the workman
shall be paid basic wages, dearness allowance and other compensatory
allowance in full as subsistence allowance to be paid per month until such
time as the inquiry is finally concluded:
Provided that, where the findings of the Inquiry Officer show that such inquiry is
prolonged beyond a period of 90 days, or as the case may be 180 days, for reasons
directly attributable to the workman, subsistence allowance to be paid per month shall
for the period exceeding 90 days or, a as the case may be 180 days, shall be reduced to
one-half of such basic wages, dearness allowance and other compensatory allowances.
(iv) If as a result of the inquiry held or explanation tendered, it is decided not
to take any action against the workman under clause (1) the workman
shall be deemed to have been on duty and shall be entitled to full wages
minus such subsistence allowance as he may have already drawn and to
all other privileges for the full period of suspension.
21
[(5B) The payment of subsistence allowance under sub-clause (5-A) shall be subject
to the workman concerned not taking up any employment during the period of
suspension.]
(6) In awarding punishment under this Standing Order the Manager shall take into
account the gravity of the misconduct, the previous record, if any, of the
workman and any other extenuating or aggravating circumstances that may
exist.
(7) If a workman refuses to accept a charge-sheet, order or other communication
served in accordance with these Standing Orders, and provide that he has been
asked to accept the charge-sheet in the presence of at least two witnesses he
shall be told verbally the time and place at which enquiry into his alleged
misconduct is to be held and if he refuses or fails to attend that time, the
inquiry shall be conducted ex parte and the punishment awarded shall take
account of misconduct under Standing Order 24 thus committed
26. A workman may be warned or censured, or subject to and accordance with the
provisions of the Payment of Wages Act, 1936, fined for any of the the following acts
and omissions
(a) absence without leave without sufficient cause;
(b) late attendance;
(c) negligence in performing duties;
21
31.31.
(a) Notice to be exhibited or given under these Standing Orders shall be in English
and also in the principal regional language of the district in which the
establishment situated.
(b)
(i) Any notice, order, charge-sheet communication or intimation which is
personal, i.e. is meant for an individual workman and is given in writing under
these Standing Orders, shall be in the language understood by the workman
concerned.
(ii) Before such a notice, order, charge-sheet communication or intimation is
handed over to the workman it shall be read out and explained to him if he so
desires.
32. Nothing contained in these Standing Orders shall operate in derogation of any law for
the time being in force or to the prejudice of any right under a contract of service,
custom or usage or an agreement, settlement or award applicable to the
establishment.
28
[4B. A temporary workman, who has put in 190 days' uninterrupted service in the
aggregate in any establishment of a seasonal nature or 240 days, uninterrupted service
in the aggregate in any other establishment, during a period of preceding twelve
calendar months, shall be made permanent in that establishment by an order in
writing signed by the Manager, or any person authorised in that behalf by the
Manager, irrespective of whether or not his name is on the muster roll of the
establishment throughout the period of the said twelve calendar months.
Explanation: For purpose of this clause any period of interrupted service, caused by
cessation of work which is not due to any fault of the workman concerned, shall not be
counted for the purpose of computing 190 days or 240 days or as the case may be, for
making a badli or temporary workman permanent.
29
[4C.
(1) The manager shall maintain a waiting list of all temporary workmen whose
services have been terminated on account of the completion of the work for
which they were appointed or on account of the expiry of the period for which
they were employed, containing the following particulars, namely:-
(i) their names and addresses,
(ii) the nature of work or occupation in which they were employed,
(iii) the wages paid to them during employment, and
(iv) the dates of termination of their services.
(2) Whenever any vacancies in the establishment are required to be filled the
persons included in the waiting list maintained under sub-clause (1) shall be
given preference after taking into consideration the nature of work done by
them white in employment or the occupation in which they were employed and
on the basis of the aggregate of their services in the establishment prior to the
termination of their services.
30
[4-D. No person whose name is not entered in the waiting list maintained under Clause 4-C
shall be appointed in the establishment as temporary workman, unless all persons
included in that list have been provided with employment in the establishment.
5.
(a) Notices showing the periods and hours of work for every class and group of
workmen in the establishment and for each shift shall be on notice-boards
maintained for the purpose in the departments concerned at the time-keeper's
office or at or near the main entrance of the establishment.
(b) Any workman required to work for a different period shall be notified to that
effect at the least on the day previous to that on which he is required to work
for such different period.
6.
(1) Notices specifying-
(i) the weekly holiday,
(ii) the dates on which compensatory holidays, if any, will be allowed, and
25
(iii) the days on which wages are to be paid, shall be displayed on the notice
boards maintained for purpose at the time-keeper's office or at or near the
main entrance of the establishment.
(2) Any workman required to work on a weekly holiday in accordance with law
shall be personally notified to that effect in advance. The workman deprived of
any of the holidays notified under clause (1) as a result of his working on such
holidays shall be allowed, as soon as circumstances permit and at the discretion
of the Manager, compensatory holidays equal in number to the holidays so lost.
7. A register specifying basic starting salary, grades and scales of pays if any for each class
of workmen and for each class of work shall be maintained and be open to inspection
on two working days in each month to be notified by the Manager.
8.
(1)
(a) More than one shift may be worked in a department or section of a
department at the discretion of the Manager.
(b) If more than one shift is worked in the establishment the workman shall
be liable to be transferred from one shift to another.
(c) Whenever an additional shift is started or shifts are altered or
discontinued, a seven days' notice shall be given, but if as a result of the
discontinuance of the shift any permanent workman is likely to be
discharged a notice of one month will be given. After giving one month's
notice to the workmen, seven days' public notice of the restarting of the
establishment shall be given either in a newspaper having wide local
circulation or by letters to individual concerned.
(d) If as a result of discontinuance of shift working any permanent workmen
are likely to be discharged they shall be discharged having regard to the
length of their service the shortest term of service being discharged first.
(e) On re-starting a shift, notice thereof shall be given either in a newspaper
having wide in the establishment and the department and the occupation
concerned, those with local circulation or by letters to individual
workmen concerned; and the workmen discharged as a result of the
discontinuance of the shift shall, if they present themselves, within seven
days of the publication of the notice or the posting of the letters, be given
preference for employment according to their length of service in the
establishment and the department and the occupation concerned.
(2) The Manager may close down any department or section of a department after
giving one month's notice to the workmen. Before reopening such department
or section, as the case may be seven days' notice thereof shall be given either in
a newspaper having wide local circulation or b letters to individual workmen
Concerned.
(3) The Manager may close down the whole establishment after giving one
month's notice to the workmen. Seven days' public notice of restarting of the
26
12. Sick leave, if due, shall be granted in continuation of maternity leave for female
workers subject to the provisions of Clause (2) of Standing Order 11.
13. Leave without pay may at the discretion of the Manager in special circumstances be
granted to a workman when no other leave of any kind is due
14. Subject to the provisions of the Factories Act, 1948, all holidays, including the weekly
holiday; falling within the period of any kind of leave, shall be treated as leave.
15.15.
(1) Workman who desires to obtain leave of absence other than casual leave or
sick leave, shall apply in writing to the manager or any officer appointed for the
purpose by the Manager. Such application for leave is to commence, except in
urgent cases or unforeseen circumstances when it is not possible to do so.
(2) If a workman after proceeding on leave desires an extension thereof, he shall
make an application in writing to the Manager. A written reply either of the
grant or refusal of extension of leave shall be sent to him at the address given
by him if such reply is likely to reach him before the expiry of the leave
originally granted to him.
16.16.
(1) Every workman shall be entitled to casual leave.
(2) Casual leave shall be non-cumulative and no leave of any kind may be
combined with casual leave.
(3) Except for emergent reasons, casual leave shall be limited to three days at a
time. Casual leave is intended to meet special or unforeseen circumstances for
which provisions cannot be made by exact rules.
(4) Holidays declared by the establishment and weekly holidays may be prefixed or
suffixed to casual leave.
(5) Ordinarily, the previous permission of the Manager or of the head of the
department shall be obtained before taking such leave. When this is not
possible, the Manager or the head of the department shall as soon as may be
practicable, be informed in writing or orally through any person of the absence
from work and of the probable duration of such absence.
17. A record shall be maintained in a register of all leave of absence which is sanctioned,
refused or postponed, and reasons for refusal or postponement shall in every case be
entered therein. The record shall be open to inspection by the workman concerned.
18. No workman shall enter or leave the premises of the establishment except by the
entrances appointed for the purpose.
19.19.
(1) Any workman may when leaving the premises of the establishment be searched
at the point of exit by an officer appointed for the purpose by the manager
(2) Any female worker may be detained by such officer for search by a female
searcher, if acting without malice he suspects that she is in wrongful possession
of property belonging to the establishment.
28
(3) Every search shall be conducted in the presence of not less than two persons,
and a female worker shall not be searched in the presence of any male person,
except with her Consent.
(4) Subject to the provisions of the above clauses, any member of a Works
Committee constituted under the provisions of the Industrial Disputes. Act,
1947, may be present at a search made under this Standing Order.
32
[19A.
(1) In the event fire, catastrophe, breakdown of machinery, stoppage of power
supply, an epidemic, civil commotion or other cause beyond the control of the
Manager, the Manager may at any time without notice or compensation in lieu
of notice, stop any machine or department wholly or partially or the whole or
part of the establishment for a reasonable period.
(2) In the event of a stoppage under clause (1) during working hours, the resumed
and whether they are to remain or when work will be resumed and whether
they are to remain or leave the establishment. The period of detention in the
establishment shall not ordinarily exceed commencement of stoppage. If the
period of detention does not exceed one hour, workmen so detained shall not
be paid for such period. If the period of detention in the establishment exceeds
one hour, workmen so detained shall be entitled to receive wages (including all
allowances) for the whole of the time during which they are detained in
establishment as a result of the stoppage. In the case of piece-rate workmen
the average daily earnings for the previous month shall be taken to be the daily
wages.
(3) Wherever practicable, reasonable notice shall be given of the resumption of
normal work, and all such workmen laid off under this Standing Order who
present themselves for work when work is resumed shall be given preference
for employment.
(4) All notices required to be given under this Standing Order shall be displayed on
notice-boards at the time-keeper's office and at the main entrance to the
establishment. Where a notice pertains to a particular department or
departments only, it shall also be displayed in the department concerned.
19B. In cases where workmen are laid off under Standing Order 19A, they shall be considered
as temporary unemployed and the period of such unemployment shall be treated as
leave with pay to the extent such leave is admissible and leave without pay for the
balance of the period. When however, workmen have to be laid off for an indefinite
period exceeding two months, their services may be terminated after giving them due
notice or pay in lieu thereof.
19-C. Workmen may be laid-off due to shortage of orders, temporary curtailment of
production or similar reasons and consequent stoppage of any machine or
department, for a period not exceeding six days in the aggregate (excluding statutory
holidays), in any month provided that seven days' notice is given. A workman laid off
under this Standing Order for more than five days in a month may, on being laid off,
leave his employment or intimation of his intention to do so.
29
19-D. Notwithstanding anything contained in Standing Orders 19-A, 19-B and 19-C, the rights
and liabilities of employers and workmen in so far as they relate to lay-off shall be
determined in accordance with the provisions of the Industrial Disputes Act, 1947:
Provided that nothing contained in the said chapter shall have effect to derogate from
any right which a workman has under the Minimum Wages Act 1948, or notification or
order issued thereunder or any award for the time being in operation or any contract
with the employer.
19-E. The Manager may, in the event of a strike affecting either wholly or partially, any
section or department of the establishment close down either wholly or partially such
section or department as well as any other sections or departments affected by such
closing down. The fact of such closure shall, as soon as practicable, be notified by
notice displayed on the notice-boards in the departments concerned, at the gate or
gates appointed under Standing Order 18, and in the time keeper’s office or near the
main entrance of the establishment. 33[The workmen concerned shall also be notified
by a general notice put up at the place where notices of closure mentioned above are
to be displayed, prior to the resumption of work as to when work will be resumed.]
20. In the event of the closure of the establishment or a department or part thereof, if the
service of a permanent workman are dispensed with, he shall when the establishment
or part thereof, as the case may be, is re-started be given an opportunity to serve in a
post substantially similar in pay and status to the post he was holding at the time of
the closure, provided he reports for duty within the time specified in the relevant
Standing Orders governing the re-starting in question.
21.21.
(1) The employment of a permanent workman may be terminated by one month's
notice or on payment of one month's wages (including all allowances), in lieu of
notice.
(2) The reasons for the termination of service of a permanent workman shall be
recorded in writing and shall be communicated to him, if he so desires, at the
time of discharge, unless such communication, in the opinion of the Manager,
is likely, directly or indirectly to lay any person open to civil or criminal
proceedings to at the instance of the workman.
(3) Any permanent workman desirous of leaving service shall give one month's
notice in writing to the Manager. He shall, when he leaves the service, be given
an order of reliever signed by the Manager.
(4) If any permanent workman leaves the service without giving notice, 34[no
deduction on that account shall be made from his wages but] he shall be liable
to be sued for damages.
(5) All classes of workmen other than those appointed on a permanent basis may
leave their services or their services may be terminated without notice or, pay
in lieu of notice; provided that the service of a temporary workman shall not,
be terminated as a punishment unless he has been given an opportunity of
explaining the charges of misconduct alleged against him in the manner
prescribed in Standing Order 23.
30
(6) Where the employment of any workman is terminated, the wages earned by
him shall be paid to him before the expiry of the second working-day from the
day on which his employment is terminated. In the case of workman leaving
the service the payment of the wages earned by him shall be made within
seven days from the date on which he leaves the service. All other sums due to
a workman shall be paid before the expiry of one month from the date of
termination of his services or from the date he leaves service.
(7) An order relating to discharge or termination of service shall be in writing and
shall be signed by the Manager. A copy of such order shall be supplied to the
workman concerned. In cases of general retrenchment, closing down, strike or
lock-out no such orders may be given.
22. Any of the following acts or omissions on the part of a workman shall amount to
misconduct:-
(a) wilful insubordination or disobedience, whether or not in combination with
another, of any lawful and reasonable order of superior.
(b) going on an illegal strike or abetting, inciting, instigating or acting in
furtherance thereof;
(c) wilful slowing down in performance of work, or abetment or instigation
thereof;
(d) theft, fraud, or dishonesty in connection with the employer's business or
property: [or the theft of property of another workman within the premises of
the establishment];
(e) taking or giving bribes or any illegal gratification;
(f) habitual absence without leave or absence without leave for more than ten
consecutive days or overstaying the sanctioned leave without sufficient
grounds or proper or satisfactory explanation;
(g) late attendance on not less than four occasions within a month;
(h) habitual breach of any Standing Order or any law applicable to the
establishment or any rules made thereunder;
(i) collection without the permission of the Manager of any money within the
premises of the establishment except sanctioned by any law for the time being
in force;
(j) engaging in trade within the premises of the establishment;
(k) drunkenness, riotous, disorderly or indecent behaviour on the premises of the
establishment;
(l) commission of any act subversive to discipline or good behaviour on the
premises of the establishment;
(m) habitual neglect of work, or gross or habitual negligence;
(n) habitual breach of any rules or instructions for the maintenance and running of
any department, or the maintenance of the clean) cleanliness of any portion of
establishment;
31
(o) habitual commission of any act or omission for which a fine may be imposed
under the Payment of Wages Act, 1936;
(p) canvassing for union membership or the collection of union dues within the
premises of the establishment, except in accordance with any law or with the
permission of the Manager;
(q) wilful damage to work in process or to any property of the establishment
(r) holding meeting inside the premises of the establishment, without the previous
'permission of the manager or except in accordance with the provisions of any
law for the time being in force.
(s) disclosing to any unauthorised person any information in regard to the
processes of the establishment which may come into the possession of his work
(t) gambling within the premises of the establishment;
(u) smoking or spitting on the premises of the establishment Where it is prohibited
by the employer
(v) failure to observe safety instruction notified by the employer or interference
with any safety device or equipment installed with the establishment;
(w) distributing or exhibiting within the premises of the establishment hand-bills,
pamphlets and such other things or causing to be displayed by means of signs
or writing or other visible representation on any matter without previous
sanction of the Manager.
(x) refusal to accept a charge sheet, order or other communication served in
accordance with these Standing Orders;
(y) unauthorised possession of any lethal weapon in the establishment.
35
(z) [sexual harassment which includes unwelcome sexual determined behaviour
(whether directly or by implication), such as:-
(i) physical contact and advances; or
(ii) a demand or request for sexual favours: or
(iii) sexually coloured remarks; or
(iv) (iv)showing pornography; or
(v) other unwelcome physical, verbal or non-verbal conduct of sexual
nature.]
Explanation: No act of misconduct which is committed on less than three occasions
within a space of one year shall be treated as habitual.
23.23.
(1) A workman guilty of misconduct may be-
(a) warned or censured, or
(b) fined, subject to and in accordance with the provisions of the Payment of
Wages Act, 1936, or
32
(iii) If the inquiry is not completed within a period of 180 days, the workman
shall be paid wages, dearness allowance and other compensatory
allowances in full as subsistence allowance to be paid per month until
such time as the inquiry is finally concluded:
Provided that, where the findings of the Inquiry Officer show that such inquiry is
prolonged beyond a period of 90 days, or as the case may be 180 days, for reasons
directly attributable to the workman, the subsistence allowance to be paid per month
shall for the period exceeding 90 days or, as the case may be 180 days, be reduced to
one-half of such basic wages, dearness allowance and other compensatory allowances.
(iv) If as a result of the inquiry held or explanation tendered, it is decided
not to take any action against the workman under clause (1) the
workman shall be deemed to have been on duty and shall be entitled to
full wages minus such subsistence allowance as he may have already
drawn and to all other privileges for the full period of suspension.
(5-B) The payment of subsistence allowance under sub-clause (5-A) shall be subject
to the workman concerned not taking up any employment during the period
of suspension.
(6) In awarding punishment under this Standing Order the Manager shall take
into account the gravity of the misconduct, the previous record, if any, of the
workman and any other extenuating or aggravating circumstances that may
exist.
(7) If a workman refuses to accept a charge-sheet order to other communication
served in accordance with these Standing Orders and provided that he has
been asked to accept the charge-sheet in the presence of at least two
witnesses, he shall be told verbally the time and place at which the enquiry
into his alleged misconduct is to be held and if he refuses or fails to attend at
that time, the enquiry shall be concluded ex-parte and the punishment
awarded shall take account of misconduct under Standing Order 22 thus
committed.
24. A workman may be warned, censured or fined for any of the following acts and
omissions:-
(a) absence without leave without sufficient cause;
(b) late attendance;
(c) negligence in performing duties;
(d) neglect of work;
(e) absence without leave or without sufficient cause from the appointed place of
work;
(f) entering or leaving, or attempting to enter or leave the premises of the
establishment except by a gate or entrance appointed;
(g) committing nuisance on the premises of the establishment;
(h) breach of any rule or instruction for maintenance or running of any
department:
34
Provided that no workman shall be fined, except in accordance with the provisions of
the Payment of Wages Act, 1936, where the provisions of the said Act are applicable to
him.
25. The age for retirement or superannuation of the workmen may be sixty years or such
other age as may be agreed upon between the employer and the workmen by an
agreement, settlement or award, which may be binding on the employer and the
workmen under any law for the time being in force.
38
[25-A. Where an employer orders a medical examination of a workman or a person desiring to
be recruited as his workman under any law, contract, custom or usage applicable to his
industrial establishment or under any award, agreement or settlement binding on the
employer and the workmen in his industrial establishment, such examination in the
case of a female shall be made only by a lady doctor and expense of such examination
shall be borne by the employer.]
26.26.
(1) Any workman desirous of the redress of a grievance arising out of his
employment or relating to unfair treatment or wrongful exaction on the part
of a superior shall either himself or through a trade union of which he is a
member submit a complaint to a manager or any officer appointed by the
Manager in his behalf;
(2) The Manager or any officer shall personally investigate the complaint at such
times and places as he may fix. The workman and-
(i) any other workman of his choice, or
(ii) where the complaint is made through a trade union, a member of the
union, shall have the right to be present at such investigation. Where
the complainant alleges unfair treatment or wrongful exaction on the
part of a superior, a copy of the order finally made by the Manager shall
be supplied to the complainant if he asks for one. In other cases the
decision of the investigating officer and the action, if any, taken thereon
the Manager shall be intimated to the complainant:
Provided that complaints relating to assault or abuse by any person holding a
supervisory position or refusal of an application for urgent leave shall be enquired into
immediately by the Manager or such other officers as he may appoint.
27. The decision of the Manager upon any question arising out of, in connection with, or
incidental to these Standing Orders shall be subject to an appeal to the 39Managing
Agent/Proprietor, except where the Manager is himself the Proprietor.
28. Every workman who leaves service, or retires or is dismissed or discharged shall,
without avoidable delay be given a service certificate if he asks for one.
29.29.
(a) Notices to be exhibited or given under these Standing Orders shall be in English
and also be in the principal regional language of the district in which the
establishment is situated.
(b)(b)
35
40
[C. FOR WORKING JOURNALISTS
1. These orders shall apply to all working journalists employed in newspaper
establishments.
2. In this Standing Orders unless the context requires otherwise.
(a) "editor" means a person appointed as an editor and who directs and supervises
the work of the editorial side of a newspaper establishment;
(b) "manager" means the person for the time being managing a newspaper
establishment;
(c) "newspaper establishment" means a newspaper establishment referred to in
Section 14 of the Act and defines in clause (d) of Section 2 of the Working
Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955;
(d) "Working Journalists" shall have the same meaning as under the Working
Journalists (Conditions of Service) and Miscellaneous Provisions Act,-1955;
3.
(1) Working Journalists shall be classified as-
(a) permanent,
(b) probationers,
(c) temporary,
(d) apprentices, and
(e) part-time.
(2)(2)
(a) A "permanent working journalist" means a working journalist who has
been engaged on a permanent basis or whose appointment has been,
confirmed in writing by the Manager or any other officer authorised in that
behalf and includes any person who has completed a probationary period
of three months in aggregate in the same newspaper establishment,
including breaks due to sickness, accidents, leave, lock-outs, strike or
involuntary closure of the establishment.
36
(2) If more than one shift is worked, the working journalist shall be liable to be
transferred from one shift to another.
(3) Whenever an additional shift is started or shifts are altered or discontinued, a
seven days' notice shall be given but if a result of the discontinuance of any shift
any permanent working journalist is likely to be discharged, a proper notice as
prescribed by or under any law for the time being in force and applicable to the
newspaper establishment shall be given provided, however that no such notice
shall be less than one month.
(4) Before restarting a shift, a seven days' notice thereof shall be given in a
newspaper having wide local circulation and any working journalist discharged as
a result of the discontinuance of the shift shall, if he presents himself within
seven days of the restarting of the shift, be given preference for employment.
(5) The Manager may close down any department or section of department after
giving one month's notice to the working journalists concerned, provided,
however, that the provisions of any other law for the time being in force and
applicable to the working journalists, laying down a different period for such
notice shall prevail wherever applicable in individual case of working journalists.
Before reopening such a department or a section of a department, as the case
may be, seven day’s notice thereof shall be given in a newspaper having wide
local circulation and any working Journalist discharged as a result of the closure
of such department or section of a department shall, if he presents himself
within seven days of restarting of the department or section of the department,
as the case may be, given preference for employment.
(6) The Manager may close down the whole newspaper establishment after giving
one month's notice to the journalists. The notice shall prevail wherever
applicable in individual cases of working. A seven days' public notice of the re-
starting of the newspaper establishment shall be given in a newspaper having
wide local circulation and any working journalists discharged as a result of the
closure of the newspaper establishment shall, if he presents himself within seven
days of the restarting of the newspaper establishment, be given preference for
employment.
(7) Notices of-
(i) starting, re-starting, alteration and discontinuance of shift working;
(ii) closure and reopening of a department or a section of a department;
(iii) closure and reopening of the newspaper establishment;
shall be displayed on notice-boards maintained for the purpose in the
department and the section concerned in the time-keeper's office and at or near
the main entrance of the newspaper establishment.
8. In the event of the closure or discontinuance of a newspaper establishment or a
department or a section of a department if the services of a permanent working
journalist are dispensed with he shall, on restarting of the newspaper establishment or
department or a section of department, as the case may be, be given an opportunity
to service in a post substantially, similar in pay and status to the post he was holding at
38
the time of the closure or discontinuance provided he reports for duty within the time
specified in the relevant standing order governing the re-starting in question.
9.
(1) All working journalists shall be at work at their respective places of work at the
time fixed and notified. Wages of working journalists attending late shall be
liable to deductions, at the discretion of the Manager provided that such
deductions shall be made in accordance with the principles laid down under the
Payment of Wages Act, 1936.
(2) Any working journalist, who is found absent from his proper place of duty
during his working hours without permission of the Manager or any other
authority appointed for this purpose or without sufficient reason, shall be liable
to be treated as absent without leave for the period of such absence and the
said deductions shall be made in accordance with the principles laid down
under the Payment of Wages Act, 1936.
10.
(1) All working journalists shall be paid wages on a working day before the expiry
of the seven days after the last day of the wage period (which shall not exceed
one month) in respect of which the wages are payable.
(2) Any wages due to a working journalist but not paid on the usual pay day on
account of their being unclaimed shall be paid by the employer on one or more
unclaimed wage pay day or days in the following week shall be notified on the
notice board as far as possible.
11. The Manager may, any time, in event of fire, catastrophe, break- down of machinery or
stoppage of power supply, epidemic, civil commotion or any cause beyond his control,
close down any department or departments of the newspaper establishment wholly or
partially or the whole or part of the newspaper establishment of any period or periods
without notice. Wherever practicable, reasonable notice shall be given of the
resumption of the normal work.
12.
(1) Subject to the Provisions of the Working Journalists (Conditions of Service) and
Miscellaneous Provisions Act, 1955, or any other law for the time being in force
and applicable to the working journalists, the services of a working journalists
may be terminated by six months' notice in the case of an editor and three
months' in the case of any other journalist.
(2) A permanent working journalist desirous of leaving the service may do so by
giving to the Manager six months' notice in writing in the case of an editor and
three months' notice in the case of any other working journalist.
(3) Where the employment of any working journalist is terminated the wages
earned by him shall be paid before the expiry of the second working day from
the date on which his service is terminated and other dues, paid to him or if he
is dead to his heirs as far as possible within one month and in any case not later
than three months from the date on which his service is terminated.
39
(4) Where a working journalist leaves the services, the wages earned by him shall
be paid within seven days from the date on which he leaves the services and
other dues, if any, shall be paid to him or if he is dead, to his heirs as far as
possible within one month, and in any case not later than three months from
the date on which he leaves the services.
(5) All cases of working journalists other than those appointed an a permanent
basis may leave their services without notice but the services of a working
journalist shall not be terminated, as a punishment unless the procedure laid
dawn under Standing Order 14 is followed.
(6) An order relating to termination of services of a working journalist shall be in
writing and shall be signed by the Manager or an official of the newspaper
establishment authorised by him for this purpose. The reason for the
termination of the services shall be given in the order, a copy of which shall the
working journalist concerned.
13. Any of the following acts or omissions on the part of a working journalist (a) wilful
insubordination or disobedience Whether or not in combination with shall amount to
misconduct:-
(a) of any lawful or reasonable order of a superior;
(b) going an a strike or abetting, inciting, instigating or acting in furtherance of a
strike in contravention of the provisions of any law or rule having the force of
law;
(c) wilful slowing down in the performance of work or abetment or instigation
thereof;
(d) theft, fraud, or dishonesty in connection with the employer’s business or
property;
(e) taking or giving bribes or any illegal gratification;
(f) habitual absence without leave or absence. without leave far more than ten
consecutive days or overstaying sanctioned leave without sufficient ground or
proper or satisfactory explanation;
(g) habitual late attendance;
(h) habitual breach of any Standing Order or any law applicable to the newspaper
establishment or any rules made under such law;
(i) riotous or disorderly or indecent behaviour or commission of any act subversive
of discipline on the premises of the newspaper establishment or while on duty.
(j) habitual neglect of work or habitual or gross negligence;
(k) habitual breach of any rule or instruction for the maintenance and running of
any department with which he is concerned;
(l) wilful damage to work in process or to any property of the establishment:
(m) refusal to accept a charge-sheet, order or other communications served in
accordance with these Standing Orders.
40
41
(n) [(Sexual harassment which includes unwelcome determined ns behaviour
(whether directly or by implication), such as:-
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual
nature.]
14.14.
(1) The following penalties may be imposed by the Manager or similar authority to
be nominated by him on a working journalist found guilty of any of the
misconduct-
(a) warning,
(b) censure,
(c) Withholding of increments,
(d) withholding of promotions,
(e) termination of employment by way of discharge, and
(f) termination of employment by way of dismissal:
Provided that no such penalty shall be imposed on any working journal other than
the editor except after consultation with the editor.
(2) No penalty as mentioned above shall be imposed unless a working journalist is
informed in writing of the reasons for awarding a penalty and is given a
reasonable opportunity to defend himself personally or through a co-worker of
his choice or through an official of a trade union of working journalists of which
he is a member, including the right to be heard in person and to examine the
witnesses.
(3) A working journalist may be suspended during the period of an enquiry against
him provided that he s all be paid during such period a subsistence allowance
not less than half the wages last drawn by him while on duty.
Explanation: For the purpose of this Standing Order "wages" means wages
(4) An order of suspension shall be in writing and may take effect immediately on
delivery to the working journalists.
(5) If a working journalist refuses to accept a charge-sheet, order or other
communications served in accordance with these Standing Orders and provided
that he has been asked to accept the charge-sheet in the presence of at least
two witnesses, he shall be told verbally the time and .place at which the
enquiry into his alleged misconduct is to be held and if he refuses or fails to
attend at that time, the enquiry shall be conducted exparte and the
punishment awarded shall take account of misconduct under Standing Order 13
thus committed.
41
(6) If on enquiry the charges against the working journalist are not proved to ned
be correct he shall be deemed to have been on duty during the period of
suspension and shall be entitled to the wages which he could have received if
he had not been suspended.
(7) In awarding penalty under this Standing Order the authority inflicting the
punishment shall take into account the gravity of the misconduct, the previous
record of the working journalist and any other extenuating or aggravating
circumstances, that may exist.
42
[14A. The age of retirement or superannuation of the working journalist may be sixty years
or such other as may be agreed upon between the employer and the working
journalist by an agreement, settlement or award which may be any binding on the
employer and the working journalist under any law for the time
15. Any working journalist desirous of redressing any grievance arising out of his
employment or relating to unfair treatment or wrongful exaction on the part of a
superior shall, either himself or through a trade union of the working journalists of
which he is a member, submit a complaint to the Manager or any officer appointed in
this behalf. An appeal against the order of the Manager shall lie to the employer
except where the Manager is the employer.
43
[15A. Where an employer orders a medical examination of a workman or person desiring to
be recruited as his workman under any law, contract, custom, usage applicable to his
industrial establishment or under any award, agreement or settlement binding on the
employer and the workmen in his industrial establishment such examination in the
case of female shall be made only by a lady doctor, and the expenses of such
examination shall be borne by the employer].
16. Every working journalist shall on the termination of his services, or on his leaving
services, or retiring, be entitled to a service certificate.
17. The Manager of the newspaper establishment shall be personally held responsible for
the proper and faithful observance of the Standing Orders.
18. The decision of the Manager on any question arising out of, in connection with, or
incidental to these Standing Orders, including decision in connection with taking
disciplinary action against a working journalist for misconduct shall be subject to an
appeal to the employer, except where Manager is himself an employer.
19. Every working journalist shall be supplied free of cost with a copy of the certified
Standing Orders applicable to him and relating to the newspaper establishment in
which he is employed, as soon as after the date they Come into operation; but in any
case not later than three months from such date.
20.20.
(1) Notices to be exhibited or given under these Standing Orders shall unless
otherwise provided be in English and also in the principal regional language of
the local area wherein the newspaper establishment is situated.
(2) Any notice, order, charge-sheet or other communication or intimation which is
addressed to the individual working journalist and is given in writing under
42
1All references to "Bombay Acts, rules and Regulations, bye laws, Scheme or Order issued or" enacted before the 1st May, 1960, substituted as "Maharashtra Acts, Rules, Regulations bye Laws, Scheme and Order" and the
same shall be deemed to have been amended from 1st May, 1960 as per Act No.XXIV of 2012 dated 22.8.2012
2 Subs. by G.N. 1960 for "State of Maharashtra."
3 Subs. by G. N. of 12.3.1960
4 Ins. by G. N. of 12.3.1960.
5 Del. by G. N. of 12.3.1960.
6 Ins. by G. N. of 12.3.1960.
7 Subs. by G. N.. of 24-10-1972.
8 Ins. by G. N. of 24-10-'1972.
9 Here ins. the name in full of establishment and the place and the dist. in which it is situated
10 Subs. vide Mah. Industrial Employment (S. 0. S.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
11 Subs. vide Industrial Employment (S. 0 S.) Amendment Rules, 1977 published in M.G.G. dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
12 Subs. vide Industrial Employment (S. 0. S.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
13 Subs. vide Mah. Industrial Employment (S. 0. S.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978
14 Subs. vide Industrial Employment (S. 0. S.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
15 Ins. by G. N. of 20-2-1960.
16 Subs. by G. N. of 20-2-1960.
17 Ins. vide the Maharashtra Industrial Employment (S. 0.) (First Amendment) Rules, 2002, published in M.G.G.Pt. 1-L., Ext. dt. 16-10-2002, p. 538.
18 Subs. by G. N. of 20.2.1960.
19 Subs. vide industrial Employment (S. 0. S.) Amendment Rules 1977 published in MGG Pt. i-L., cit. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
20 Subs. vide the Mah. ndustrial Employment (S. 0. S.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w•e.f.) 2-1-1978.
21 Subs. vide the Mah. Industrial Employment (S. 0. S.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
22 Ins. by G. N. of 24-10-1972.
23 Proprietor except where the Manager is himself the proprietor.
24 Here ins. the name in full of establishment and place and district in which it is situated.
25 Subs. vide the Mah. Industrial Employment (S.0.) Amendment Rules, 1977 published in M.G.G' Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
26 Subs. vide the Mah. Industrial Employment (S.O.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
27 Subs. vide the Mah. Industrial Employment (S.O.) Amendment Rules, 1977published in M.3.3' Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
28 Subs. vide the Mah. Industrial Employment (S.O.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
29 Subs. vide the Mah. industrial Employment (S.O.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
30 Subs. vide Industrial Employment (S. 0.) Amendment Rules, 1977 published in M.G.G. Pt. 1-1., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
31 Ins. by G. N. of 20.2.1960.
32 Ins. by G. N. of-20.2.1960.
33 Ins. by G. N. of 20.2.1960.
34 Added. by G. N. of 20.2.1960.
35 Ins. vide the Mah. Industrial Employment (S. 0.) (First Amendment) Rules, 2002, published in M.G.G. l - L., Ext. dt. 16-10-2002, p. 538.
36 Subs. vide Mali. Industrial Fmployment (S. O.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
37 Subs. vide Mali. Industrial Employment (S. 0.) Amendment Rules, 1977 published in M.G.G. Pt. 1-L., dt. 17-11-1977 at pages 6812-18 (w.e.f.) 2-1-1978.
38 Ins. by G. N. of 24-10-1972.
39 Deleted. which ever is applicable.
40 Ins. by G. N. of 12.3.1960.
41 Ins, vide the Tr ah IRdustrial Employment (S. O.) (First Amendment) Rules, 2002, published in L., Ext. dt. 16-10-2002, p. 538.
42 Added. by G. N. of 8-9-1967.
43 Ins. by G. N. of 24-10-1972.