[18th June 1978] (1) These rules may be called the Industrial Employment (Standing
Orders) Punjab Rules, 1978. (2) They snail apply to all industrial establishments in respect
of which the Punjab Government is the appropriate Government. 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 I appended
to these rules. Model standing orders for the purposes of the Act
shall be those set out in Schedule II appended to these rules. An application for certification of standing
orders shall be made in Form I. [Section 3(3)] ? The prescribed particulars of workmen for the
purposes of sub-section (3) of section 3 of the Act shall be ? (1) total number of workmen employed; (2) number of permanent workmen; (3) number of temporary workmen; (4) number of casual workmen; (5) number of badlies or substitutes; (6) number of probationers; (7) number of apprentices; (8) name of the trade union or trade unions, if any, to which the
workmen belong; [1][(8A) number of Part time workmen.] (9) remarks. [Section 5(1)] - As soon as may be, after the
Certifying Officer receives an application under rule 4 in respect of an
industrial establishment, he shall ? (a) where there is a trade union, of the workmen, forward a copy
of the draft standing orders to the trade union together with a notice in Form
II; and (b) where there is no such trade union, call a meeting of the
workmen to elect, by ballot, three representatives to whom he shall, upon their
election, forward a copy of the draft standing orders together with a notice in
Form II. [Section 3(4)] ? (1) A group of employers in similar
industrial establishments may submit a joint draft standing orders under
sub-section (4) of section 3 to the Certifying Officer by registered post, acknowledgement
due. (2) An application for certification of joint standing orders
shall be made in Form IV and shall be accompanied by such number of copies of
the joint draft standing orders as are equal to the number of trade unions of
which the workmen working in such industrial establishments are members, plus
five and shall also be accompanied by the particulars prescribed in rule 5 in
respect of each industrial establishment intending to adopt the joint draft
standing orders. (3) On receipt of the application under sub-rule (2), the
Certifying Officer shall scrutinise it to ensure that all requirements have
been fulfilled and shall require the employers to make such modification as may
be deemed necessary to bring the draft standing orders in conformity with the
provisions of the Act and these rules. [Section 5] ? ?As soon as may be
after an application under rule 7 conforming to the provisions of the Act and
these rules is received by him, the Certifying Officer shall forward a copy of
the draft standing orders together with notice in Form II to Secretary of each
trade union of which the workmen working in the concerned industrial
establishments are members and where no workman of any of the industrial
establishments is a member of any trade union, the Certifying Officer shall
call upon these workmen to elect by ballot one representative from each such
establishment and the representatives so elected shall be served with a copy of
the draft standing orders together with a notice in Form II. [Section 5] ? ?In case the workmen represent that they are
unable to follow the exact implications of the draft standing orders before
forwarding their comments, the Certifying Officer may require
the employers to furnish such number of copies of the joint draft standing
orders, as he may consider necessary in the circumstances, in [2][Punjabi,
Hindi or English] to such workmen within a fortnight or such extended period as
may be permitted by the Certifying Officer. On being so required by the Certifying Officer,
the employers shall furnish the necessary translation, within a fortnight or
such extended period as may be permitted by the Certifying Officer. [Section 5] ? (1) On receipt of various objections within
the specified period of fifteen days, the Certifying Officer shall give the employees and the trade unions and such other representatives of
the workers 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 representatives
of workmen exceeds twelve, the Certifying Officer may require that the representatives
of the workmen shall call a joint meeting among themselves and elect by a
two-thirds majority, a number of their representatives not exceeding twelve. A meeting for holding such selection shall be
held after one week's clear notice is given by the Certifying Officer to the
various representatives and shall be attended by an officer of the Labour
Department as an observer. (2) 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 employers who intend to adopt the joint draft standing
orders, but the total number of the employers shall not exceed twelve. (3) If any of the employers or representatives of the workmen,
who are not eligible" to attend the joint discussions in accordance with
the provisions of sub-rules (1) and (2) desires to be heard, it shall be within
the discretion of the Certifying Officer to admit him to the joint discussions. [Section 6] ? ?Standing orders certified in pursuance of sub-section (3) of section 5 and
sub-section (2) of section 6 of the Act shall be authenticated by the signature
and seal of the 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 letter to the employer and to the trade
union, or as the case may be, to the representatives of the workmen elected in
pursuance of rules 6 and 8. [Section 6] ? (1) Any person desirous of preferring an
appeal under subsection (1) of section 6 of the Act, shall
draw up a memorandum of appeal setting out the grounds of appeal and forward it
to the appellate authority in quintuplicate along with a certified copy of
standing orders, amendments or modifications, as the case may be. (2) The appellate authority shall, after giving the appellant an
opportunity of being heard, confirm the standing order or its amendments or
modifications certified by the Certifying Officer, unless it comes to the
conclusion that the decision of the Certifying Officer is contrary to law or
otherwise erroneous. (3) Where the appellate authority does not confirm the standing
orders, amendments or modifications, it shall fix a date for the hearing of the
appeal and direct that notice thereof be given, ? (a) Where the appeal is filed by the employer or a workman, to
trade unions of the workmen of the industrial establishments and where there is
no such trade union, to the representatives of workmen elected under clause (b)
of rule 6 or under rule 8, 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 workmen,
to the employer and any other workmen whom the appellate authority allows to
join as a party to the appeal. (4) The appellant shall furnish each of the 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 considers relevant. [Section 8] ? ?The register required to be maintained by
section 8 of the Act shall be in Form III and shall be properly bound. The
Certifying Officer shall furnish a copy of the standing orders approved for an
industrial establishment to any person applying for it
on payment of a fee calculated at the following rates:- (i) for the first two hundred words or less, seventy-five paise; (ii) for every additional one hundred words or fraction thereof,
thirty-seven paise: Provided that where the standing orders exceed
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. [-] The Industrial Employment (Standing Orders)
Punjab Rules, 1949, are hereby repealed : Provided that any order made or any action taken
under the rules so repealed shall be deemed to have been made or taken under
the corresponding provision of these rules. SCHEDULE I MODEL STANDING ORDERS Standing Orders in respect
of Messrs________________________ 1.
These standing orders shall come into force with
effect from________________ in accordance with section 7 of the Industrial
Employment (Standing Orders) Act, 1946, and the rules made thereunder and will
apply to all workmen employed by Messrs Note. ? An employer may frame different sets of
standing orders for different categories of workmen. 2.
In these standing orders, unless the context
otherwise requires :- (a) "industrial establishment" means __________
__________ and the company or the employer means Messrs____________ ______
______ with registered office of the company at____________ ____________ (b) "manager" means the person designated as such and
where the establishment is covered under the Factories Act, 1948, the person
whose name has been notified to the Chief Inspector under section 7 of the
Factories Act, 1948, and shall include the acting manager when the manager is
absent; provided he is duly authorised to act as such by the company; (c) "workman" means a workman as defined in section
(2)(i) of the Industrial Employment (Standing Orders) Act, 1946; (d) "season" means the period or periods of each year
during which the principal operation of a seasonal undertaking is carried on; (e) "notice" means a notice in writing required to be
given or to be pasted for the purposes of these standing orders; (f) "notice-board" means the notice-board specially
maintained at a conspicuous place at or near the main entrance of the Works
building for the purposes of displaying notices required to be pasted or
affixed under the provisions of these standing orders and includes in the case
of employees working in a particular department of the works, the notice-board
maintained in such department or departments; (g) "muster roll" means all registers wherein the
attendance of these workmen is marked and maintained under any of the labour
laws; (h) "medical certificate" means a certificate granted
by a registered medical practitioner. 3.
Classification of workmen.-- (1) The workmen shall be classified as under :- (a) Permanent; (b) Probationer; (c) Temporary; (d) Badli or substitutes; (e) Casual; (f) Apprentice. (2) A "Permanent workman" means one who has completed
six months' satisfactory service having been appointed in a permanent vacancy
or the 'probationer' who has completed the period of his probation and whose
services are not discharged or terminated on the completion of such period of
probation. Explanation. ? In computing the period of six months, the days on which
the employee was absent due to authorised leave, lock-out and strike (which is
not illegal) or closure of establishment shall be
included. (3) "probationer" is a workman who is provisionally
employed to fill a vacancy in a permanent post and has not been confirmed as
permanent in accordance with these standing orders. Ordinarily the period of
probation shall be six months, but it may be extended by a period of three
months at a time, at the discretion of the management, if the management considers
it necessary in any case to further adjudge the work and merits of a workman.
The maximum probation period shall, however, in no case, extend beyond one
year. Explanation. ? ?(i) ??In computing the period of probation the days
on which the workman was absent owing to authorised leave, sickness, maternity
leave, accident, lock-out or a strike (which is not illegal) or temporary closure of the undertaking shall be included; (ii) ???if a workman continues in service after the
expiry of the period of probation, or extended period of probation, he shall be
deemed to have been confirmed in his appointment on the date on which he
completed the minimum period of probation; (iii) ??If a permanent workman is employed as a
probationer in a new post or a vacancy and his work during probation is not
found satisfactory, he may at any time during the probationary period, be
reverted to his substantive post. He shall not lose his lien on his permanent
post on this account. (4) "Temporary Workman" is a workman who has been
engaged for work, which is of an essentially temporary nature : Provided that if such an employee is employed
continuously for six months or more he shall be-deemed to be a probationer. (5) "badli" or "substitute workman" is a
workman, who is appointed to the post of a permanent workman or a probationer
who is temporarily absent; (6) "casual workman" is a workman who is employed for
work of a casual nature. (7) "an apprentice" is a learner who is engaged for
being trained in a job or trade, or skill. His conditions of service shall also
be governed by the provisions of the Apprenticeship Act, 1961, and the Minimum
Wages Act, 1948, and the rules made thereunder. Note (1) ? An employer may provide different periods of probation for
different categories of workmen of his establishment, subject to the maximum of
one year as in clause (b)(i). Note (2) ? Suitable periods of apprenticeship shall be provided in individual units by the management. 4.
Appointment letters.-- Every workman except a casual or badli workman
appointed for less than a month shall be given an appointment letter in
the 1[Form I] appended herewith or prescribed under any other
law. Note. ? This form is an application form for
appointment and is to be filled in duplicate by the applicant as a candidate
for the post. One copy thereof shall be returned to him by the management with
orders of his appointment. On this form, the management shall incorporate any
other conditions of service made applicable to the candidate; provided these
are not incompatible with the standing orders. [4][4-A. 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 Form II 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 along with date. (ii) ???Residential address of workman. ? A workman shall notify to the employer
immediately on engagement the details of his residential address and thereafter
promptly communicate to his employer any change of his
residential address. In case the workman has not communicated to his employer
the change in his residential address, his last known address shall be treated
by the employer as his residential address for sending any communication. (iii) ??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 the service of establishment. The 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 of Secondary Education or similar educational
authority; or (ii) ??a certified copy of his date of birth as
recorded in the registers of a municipality, local authority or Panchayat or
Registrar of Births; (iii) ??in the absence of either of the aforesaid two
categories of certificates, the employer or the officer authorised by him in
this behalf, may require the workman to supply a certificate from a Government
Medical Officer not below the rank of an Assistant Surgeon, indicating the
probable age of the workman; provided the cost of obtaining such certificate is
borne 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
record of the establishment shall be the sole evidence of his age in relation
to all matters pertaining to his service including fixation of the date of his
retirement from the service of the establishment. All formalities regarding
recording of the date of birth shall be finalised within three months of the
appointment of workman. (c) Cases where the date of birth of a workman had already been decided on the
date these rules come into force, shall not be reopened under these
provisions.] Note. ? Where exact date of birth of a workman is not available and
only the year of birth is established then the 1st July
of the said year shall be taken as the date of birth. 5.
Attendance cards and muster-roll.-- (1) The name of every workman shall be entered on the muster-roll
clearly indicating the classification and category to which he belongs. (2) Every workman shall be given an attendance card which shall
contain his particulars. The attendance
card shall be passed on to the concerned employee within fifteen days after the
expiry of the month for which it was issued. (3) If a workman loses his attendance card it shall be replaced
on application and on payment of twenty-five paise. 6.
Requirement to enter the premises by certain
gates and liability to be searched.-- (1) No workman shall enter or leave the premises of the
establishment except through the gate or gates allowed for the purposes and
clearly marked 'ENTRANCE', 'EXIT'. (2) A workman who is off his duty, has resigned, or has been
discharged, suspended or declared by a competent medical authority to be
suffering from some contagious or infectious disease, shall immediately leave
the premises of the establishment and shall not enter any part of it, except
for bona fide purposes and with the express permission of the manager. (3) All workmen shall be liable to be searched with due dignity
both at the time of entry and exit at the main entrance by a person of the same
sex authorised by the manager in this behalf, and if he so chooses, in the
presence of a co-workman of his choice, if readily available. [5][6-A. Secrecy.-- No workman shall take any papers, books, drawing,
photographs, instruments, apparatus, the 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.] 7.
Publication of working hours and periods of
work.-- The periods and hours of work for all classes of
workmen in each shift shall be exhibited in English, Punjabi and Hindi or other
language understood by a majority of workmen on the notice-board maintained at
or near the entrance to the establishment and at the Time Keeper's office, if
any. 8.
Publication of holidays and pay-days.-- Notices specifying (a) the days observed by the
establishment as holidays and (b) pay days, in English, Punjabi and Hindi or
other language understood by a majority of workmen shall be displayed on the
notice-boards maintained at or near the entrance of the establishment and at
the Time-Keeper's office, if any. 9.
Publication of wage rates.-- A notice specifying the rates of wages payable to
all class of workmen and for all categories of work shall be pasted on the
notice-board. 10. Shift-working.-- (1) More than one shift may be worked in a department or
departments or any section of a department of the establishment at the discretion
of the employer. If more than one shift is worked, the workmen shall be
liable to be transferred from one shift to another. (2) No shift working shall be discontinued without one month's
notice given in writing to the workmen prior to such discontinuance subject to
the provisions of section 9-A of the Industrial Disputes Act, 1947. (3) If as a result of the discontinuance of the shift, any
workman is to be retrenched, such retrenchment shall be effected in accordance
with the provisions of the Industrial Disputes Act, 1947 (Central Act XIV of
1947), and the rules made thereunder. If the shift working is restarted, the
workmen shall be given notice and re-employed, in accordance with the
provisions of the said Act and the rules made thereunder. Note. ? Shift work shall be arranged in such a manner that no
workman is made to work permanently in the night shift. [6][10-A. Transfer.-- A workman may be transferred according to the
exigencies of work from one shop or department to another shop or Department of
the establishment as the case may be or from one station to another station or
from one establishment to another establishment under the same employer : Provided that the wages, grade, continuity of
service and other conditions of service of the workman shall not be adversely
affected by such transfer: Provided further that ? (i) ???if a
workman is transferred from one job to another job, that job shall be of a
similar nature, which he was immediately doing before such transfer or which he
is capable of doing; (ii) ???reasonable notice is given before making a
transfer and reasonable joining time is allowed. (iii) ??transfer from one State to another State
shall be made only either with the consent of the concerned workman or if a
specific condition to this effect has been made in his appointment letter; (iv) ?the concerned workman shall be paid travelling
allowance including the charges plus fifty per cent thereof to meet the
incidential charges.] 11. Attendance and late coming.-- All workmen shall be at work in the establishment
at the time fixed and notified. Employees attending late by more than 10
minutes of the starting time may, at the discretion of the management, be shut
out or allowed to resume work and their wages shall be liable to deductions
provided for in the Payment of Wages Act, 1936, and rules made thereunder.
Where workmen are available and can be employed for half a day, the workman
coming late shall be shut out for half a day only, but if he fails to attend
punctually for the second half of the shift also, he shall be treated as absent
for the whole day. 12. Absence from work place.-- (1) Any workman who after presenting his ticket, attendance card
or token or after clocking in, is found absent from his proper place of duty
during the working hours without permission or without any such reason as may
be beyond his control, shall be liable to be treated as absent from duty for
the period of absence. (2) If, however, a workman absents from the premises of the
establishment, during hours of duty without proper permission, he shall be
treated as absent for the whole day, in case the absence commences before the
recess period and for the half day in case it commences after the recess
period. Such a workman shall be liable for deduction in his wages in accordance
with the provisions of the Payment of Wages Act, 1936, and the rules made
thereunder. (3) A workman shall be deemed to be absent, if he fails to attend
to his duty, unless he has obtained prior permission for such absence from the competent
authority and in case of unforeseen circumstances made an application to this
effect within forty-eight hours of the commencement of the absence. 13. Payment of wages.-- (1) All workmen shall be paid wages on a working day before the
expiry of the seventh day of the wage period, in respect of which the wages are
payable if the number of workmen employed by the establishment does not exceed
one thousand and before the expiry of the tenth day of such wage period in all
other cases. (2) Any wages due to a workman but not paid on the usual' pay
day', on account of their having remained unclaimed, shall be paid on any of
the 'two unclaimed wage days' which days shall be notified on the notice board
in English, Punjabi and Hindi or other language understood by a majority of
workmen. The unclaimed wage days shall be before the twentieth day from the
expiry of the wage-period. (3) Unclaimed wages of a deceased workman shall be paid to his
legal nominee or legal heirs before the expiry of the third working day on
which substantiated claim was presented by his nominee or heir or on his behalf
by a legal representative; provided such a claim is submitted within three
years of the death of the workman. For this purpose, a claim shall be
considered to be substantiated if for amounts up to Rs. 500 it is certified by
any Gazetted Officer or a Municipal Commissioner, M.L.A. or a Sarpanch of the
village of the deceased workman or his heir, and for amounts above Rs. 500 it
is accompanied by a succession certificate. Note. ? A nominee for the purpose of this clause shall mean a
person specified by the deceased employee under the
Employees Provident Fund Act, 1952, as a nominee. (4) All unclaimed wages for the previous month shall be notified
on the notice-board by the management within one week from the last date for
the payment of wages under Payment of Wages Act, 1936, and the rules made
thereunder. All unclaimed wages shall be kept for payment to the workman or the
legal heirs or legal nominee for three years from the period they are due to be
paid. After this period, these shall be remitted to the Welfare Commissioner
for the purposes provided for under the Punjab Labour Welfare Fund Act, 1965,
and the rules made thereunder within a period of three months. (5) Where the employment of any workman is terminated or the
workman resigns wages earned by him, and his other dues payable, by the
management, shall be paid before the expiry of the second working day from the
day on which he ceases to be in the employment of the establishment. 14. National festival holidays and casual and sick leave.-- National and festival holidays, casual and sick
leave shall be granted to all workmen in accordance with the provisions of the
Punjab Industrial Establishments (National and Festival Holidays and Casual and
Sick Leave) Act, 1965, and the rules made thereunder or in accordance with the
settlement, agreement or award, if it is more beneficial. 15. Maternity benefit leave.-- Maternity benefit leave shall be allowed as
provided in the Maternity Benefits Act, 1961, or under any other Act in force
or under any settlement, agreement or award, if more beneficial to the workman.
? [7][15-A. Medical aid in case of accident.-- 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 to him. Wherever the workman is
entitled for treatment and benefits under the Employees State Insurance, Act,
1948 or the Workmen's Compensation Act, 1923, the employer shall arrange for
the treatment and compensation, accordingly.] 16. Special leave without pay (Extraordinary leave).-- A workman after having put in three years'
service may be granted special leave without pay if no other leave is due to
him for a period up to three months at a time and such leave may be extended at
the discretion of the management for a further period of nine months. Such
leave may, on demand, be granted only for the purpose of higher studies, or a
visit to some place in a foreign country and may be combined with any other
kind of leave with or without pay. 17. Privilege of earned leave.-- leave with wages shall be allowed to all workmen
in accordance with the provisions of Chapter VIII of the Factories Act, 1948. A
workman who desires to avail of his leave due under the Factories Act,
otherwise than in accordance with the scheme approved by the Chief Inspector of
Factories under sub-sections (8) and (9) of Section 79 of the Act shall apply
to the manager for it in the manner prescribed below :- (i) ???An application shall be made in writing to
the manager or the person authorised and notified for the purpose, stating
clearly the date from which the leave is required and duration for which it is
required, giving the address for communication during the period of leave. It
shall be submitted at least three days in advance if the leave is for a
duration longer than three days, and one day in advance if the duration of
leave applied for is less than three days, except when it is on medical grounds
or due to death or serious illness in the family, accident or fire in the
personal house or any such unforeseen catastrophe in which case the application
may be made the same day. .Orders on the application shall be passed without
delay and always before the leave applied for it is to commence or within
twenty-four hours of the receipt of the application, in case it is received on
the same day under the circumstances mentioned above. These orders shall be
communicated to the workman. If orders are not communicated to the workman, it
shall be presumed that the leave applied for has been sanctioned. (ii) ??If leave applied for is granted, a leave pass
shall be issued to the workman. If it is refused, the fact of such refusal and
its reasons shall be recorded in writing in a register to be maintained for the
purpose and a copy of the entry in the register shall be supplied to the
workman. (iii) ??If a workman desires extension of the
originally sanctioned leave or of subsequently extended leave, he shall make an
application in writing to the management specifically stating the reasons for
such an extension and shall submit it at least one day in advance of the expiry
of the leave allowed. The manager or any other authorised person on his behalf
shall immediately on receipt of such an application inform the workman on the
address given by the applicant, whether the extension applied for has been granted
or refused. A reply shall be sent to the workman without delay under registered
A.D. cover. If the workman desires a telegraphic reply by the management, he
shall send a reply paid telegram. (iv) ?If the workman remains absent without leave
beyond the period of leave originally granted to or subsequently extended, he
shall lose his lien on his appointment unless (a) he returns within ten days of
the expiry of the leave period, and (b) explains to the satisfaction of the
manager his inability to return on the expiry of the leave. (v) ??In case he loses the lien on his appointment,
he shall be entitled to be kept on the badli-list where the badli system
exists. 18. Casual stoppages of work.-- (1) The management may at any time in the event of fire, catastrophe,
breakdown of machinery or stoppage or shortage of power supply, epidemic, civil
commotion or for other cause beyond their control stop any section or sections
of the establishment, wholly or partially for any period or periods. (2) In the event of such a stoppage during the working hours, the
workmen affected shall be notified by a notice pasted on the notice-board in
the department concerned or at the office of the manager or time-keeper, as
soon as may be practicable, as to when the work will be resumed and whether the
workmen have to remain at or leave their places of work. The workmen shall not
ordinarily be required to remain on the premises for more than two hours after
the commencement of the stoppage. (3) The lay-off compensation in this behalf shall be paid in
accordance with the provisions of the Industrial Disputes Act, 1947 and the
rules made thereunder. (4) The employer 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 any such section or department and any other section
or department affected by such a closing down. The fact of such a closure shall
be notified by notices pasted on the notice-board in the section or department
concerned and in the time-keeper's office, if any, as soon as practicable. The
workmen affected by a stoppage shall be notified by a general notice, prior to
the resumption of work, as to when the work shall be resumed. Copies of such a
notice shall be sent to the concerned workmen under recorded delivery postal
service. The affected workmen shall be entitled to resume work within ten days
of the issue of such notice. 19. Termination of employment and resignation.-- (1) Service of a workman who has been in continuous employment
for not less than one year in the establishment, may be terminated, if he is
declared as a traitor or as a person likely to jeopardise the safety of the
establishment or if he develops a serious defect in the eye-sight or hearing or
mental or a physical deficiency. Such termination of services shall be effected
for reasons to be recorded and shall be subject to the provisions of the
Employees State Insurance Act, 1948 and the Workmen's Compensation Act, 1923,
and the management shall give to the workman one month's notice in writing or
salary in lieu thereof. This clause shall not be invoked for termination of
services on account of misconduct, retrenchment or closure. (2) No notice shall be necessary for the termination of the
services of any other class of employees. The above provisions shall not,
however, absolve the management of their obligation to abide by the provisions
of the Industrial Disputes Act, 1947, or any other law for the time being in
force for the termination of services by way of retrenchment or otherwise. (3) A workman who has been in continuous service for not less
than one year in the establishment, intends to leave the service of the
establishment 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, surrender in
lieu of notice wages equivalent to the days for which the notice falls short of
one month. But if the exigencies of work so require, the management may not
relieve him earlier than the date of the expiry of period of the notice. Explanation. ? The expression "continuous service", for the purposes of these rules, shall have
the meaning assigned to it in section 25-B of the Industrial Disputes Act,
1947. 20. Stoppage of annual increment.-- Unless there is any order stopping the annual or
periodical increment, the workman, if he is employed on a job carrying a grade
or scale of pay, shall be deemed to have earned that increment. 21. Promotion and filling up of vacancies.-- Except for a certain percentage of posts to be
filled up by direct recruitment, a vacancy in a higher grade shall be filled up
from amongst the existing staff on merit-cum- seniority basis. All vacancies
shall be notified to the workmen by a notice on the notice board. 22. Complaints.-- All 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 submitted to the manager or other person
specified in this behalf with the right of appeal to the employer. 23. Misconduct.-- (1) The following acts or omissions on the part of an employee
shall amount to major misconduct :- (a) conviction by a court of law for an office involving moral
turpitude; (b) theft, fraud or dishonesty in connection with the business or
property of the establishment; (c) theft of the property of any employee within the premises of
the establishment; (d) taking or giving any illegal gratification; (e) wilful insubordination, or disobedience, whether alone or in
combination with others to any lawful and reasonable orders of superiors; (f) gambling within the premises of the establishment; (g) drunkenness or intoxicating or disorderly or riotous
behaviour during working hours at the establishment or conduct and endangering
the life or safety of any person, intimidation, physical duress, or any act
subversive of discipline; (h) advancing or collecting of money within the premises of the
establishment without the permission of the manager. (i) engaging in trade or business within the premises of the
establishment including collection of pay tickets given to the employees or the
sale of tickets, coupons or any commodity or articles without the previous
sanction of the manager; (j) canvassing for trade membership and collection of union's
dues within the premises of the establishment except as permitted by the management; (k) striking work in contravention of the provisions of law; (l) inciting or instigating other employees to take part or
otherwise act in furtherance of a strike of the employees of the establishment,
in contravention of the provisions of law or these standing orders; (m) organising or participating in acts resulting in wrongful
confinement or restraint of any person within the premises of the establishment
or outside; (n) wilful slowing down in performance of work or abetment or
instigation thereof; (o) wilful damage or attempt to cause damage to the working
process or to any other property of the establishment or of the customer or an
employee of the establishment; (p) disclosing to any unauthorised person confidential
information which may have come into his possession during the course of his
work in the establishment; (q) habitual absence without leave or unauthorised absence from
duty for consecutive ten days or more without sufficient justification; (r) habitual negligence or neglect of work; (s) failure to observe safety instructions or unauthorised
removal of guard, fencing or other safety device installed in the premises of
the establishment or any act or behaviour which is likely to cause injury or
harm to any person or endanger the life or safety of such a person; and (t) abetment of the commission of the aforesaid acts. (2) The following acts on the part of an employee shall amount to
minor misconduct :- (a) late or irregular attendance; (b) absence from duty without leave and without sufficient
justification for any period less than ten days; (c) over-staying sanctioned leave without sufficient grounds for
any period less than 10 days. (d) neglecting work or negligence in the performance of duties; (e) sleeping during working hours; (f) refusal to work on a job or assignment of similar nature
without giving adequate reasons for the same; (g) holding a meeting inside the premises of the establishment
without the previous permission of the manager or except as permitted by law;
and (h) failure to show consideration or attention to officers,
customers or other employees of the establishment or unseemly behaviour while
on duty. 24. Penalties for major misconduct.-- The following penalties may, for good and
sufficient reasons, be imposed on an employee found guilty of a major
misconduct, namely:- 1.
warning or censure; 2.
making an adverse entry in his service record; 3.
withholding of one or more annual increments of
pay with or without cumulative effect; 4.
recoveries of damages or the amount of loss
suffered by the establishment on account of misconduct; 5.
demotion; 6.
discharge; and 7.
dismissal. 25. Penalties for minor misconduct.-- The following penalties may for good and
sufficient reasons, be imposed on an employee found guilty of a minor
misconduct:- 1.
warning or censure ; 2.
making an adverse entry in his service record; 3.
withholding of increment of pay for a period of six months with or
without cumulative effect; 4.
recovery of loss of goods expressly entrusted to the employee or
money for which he is accountable; 5.
recovery from his pay of the whole or part of any pecuniary loss caused
by him to the employer by negligence or breach of orders. 26. Procedure for awarding penalties for acts of minor
misconduct.-- Where an allegation of a minor misconduct is
alleged against a workman, be shall be called upon to explain his position. He
shall be given one week's time to submit his explanation. The manager shall,
after considering the reply received from the workman and taking into account
any extenuating or aggravating circumstances that may exist, decide whether the
workman deserves any punishment and if so, pass orders accordingly. The
management may, in special circumstances, hold an enquiry into the allegations
after serving him with a proper charge-sheet. The workman may appeal against
the order so passed to the higher authorities. 27. Procedure of enquiry and punishment for major misconduct.-- No order imposing any of the penalties specified
in clause 24 shall be made except after an enquiry, as far as may be, in the
manner provided in this rule :- (a) The employer or the manager or a person authorised by the
employer or the manager shall give to the concerned workman a charge-sheet
clearly setting forth the imputation of misconduct and the circumstance
appearing against him and requiring his explanation. (b) The employee shall be given at least six days for submitting
his explanation : Provided that
such time may be extended for a maximum period of fifteen days after the expiry
of six days, if sufficient reasons are advanced by the employee for seeking an
extension. (c) In case the workman fails to submit his explanation within
the prescribed time or extended time allowed to him or where the explanation
submitted by him is not found satisfactory, the employer or the manager or the
person authorised by the employer or by the manager shall appoint a person to
hold an enquiry and issue a notice containing the name of the enquiry officer
and the date, time and place of the enquiry : Provided that in
a case where the workman admits in writing the charges levelled against him and
the employer is satisfied that such an admission is voluntary, it shall be open
to the employer or the manager to award any one of the punishments provided in
clause 24 without holding any enquiry. (d) While
holding the enquiry, first of all the evidence produced by the employer against
the concerned employee shall be recorded and the accused employee shall be
given full opportunity to cross-examine witnesses produced by the management
against him. After that the detailed statement of the accused employee shall be
recorded and he shall be given full opportunity to state his position in
respect of all the evidence produced against him. After this, he shall be asked
to produce evidence in defence. In case he does not want to produce any
evidence in defence, his statement to that effect shall be recorded by the
enquiry officer. If he wants to produce evidence in defence, it shall be
recorded. Defence witnesses may be cross- examined by the management's
representative. (e) The enquiry officer may ask any question in the interest of justice; (f) If a
request is made by the employee, the enquiry officer shall issue a written
requisition to the employer to produce before him any document or information
in his custody which is considered relevant or necessary for the purpose of the
enquiry. The employer shall produce the document or information unless
production of the document is prejudicial to the interest of the establishment. (g) The
concerned employee shall be furnished with the copies of the documents,
statements and depositions sought to be relied on as evidence against him
before he is called upon to make his submission to the enquiry officer at the
close of the enquiry. (h) The
accused employee may cite any employee of the establishment as defence witness. The enquiry officer shall call him to
give evidence unless for reasons to be recorded, in writing, he considers his
evidence to be irrelevant. (i) At such
an enquiry the concerned employee shall be entitled to be assisted by any other representative of a
registered [8][ ? ] trade union or a co-worker; (j) The
enquiry officer shall on the conclusion of the enquiry, submit his report in
writing giving his findings with reasons therefor to the authority, which
appointed the enquiry officer; (k) In case
the management decides to impose any of the major punishments on the accused
employee on the basis of the findings of the enquiry officer, it shall supply a
copy of the report of the enquiry officer to the accused employee. (l) The order of punishment shall set forth reasons for the action taken
against the employee. A copy of this
order shall be given to the concerned employee immediately. Note.--Any notice, order,
charge-sheet, communication or intimation under these standing orders which is
meant for an individual employee shall be in language understood by the
employee concerned. In the case of an employee who is absent, such a notice
shall be sent to him by registered post acknowledgement due to his last known
address. Evidence may be explained to employee in the language understood by
him. 28. Method of service.-- In case an employee refuses to accept or evades
any communication under these standing orders when offered to him by hand, such
a communication shall be sent to him by registered post at his last known
address and a copy of the same put up on the notice-board and another copy
endorsed to a recognised and registered trade union of which he may be a member
and this shall be deemed to be sufficient service on him. 29. Ex-parte proceedings.-- If the concerned employee refuses or avoids or
neglects to receive the charge-sheet or to a submit his explanation or to
appear at the enquiry without any justification or good reasons, it shall be
open to the employer or the enquiry officer to proceed with the enquiry in his
absence. 30. Disciplinary proceedings during the pendency criminal
proceedings.-- It shall be open to the employer to initiate
disciplinary proceedings under these standing orders against an employee even
during the period when the criminal case on more or less similar or same allegations
is pending against him or even after the acquittal of the employee in such
criminal proceedings. 31. Suspension.-- When disciplinary proceedings against an employee
are pending for a major misconduct or where criminal proceedings against him in
respect of any offence involving moral turpitude are pending and the employer
is satisfied that it is necessary or desirable to place the employee under
suspension, he may, by an order in writing suspend him with effect from such
date as may be specified in the order. A statement setting out in detail the
reasons for such suspension shall be supplied to the employee within a week
from the date of suspension or shall be forwarded to him at his address. 32. [-][9] 33. Irregularity not to affect order.-- Any irregularity in the issue of the charge-sheet
or holding of the enquiry shall not vitiate the ultimate order passed or made
by the employer unless such an irregularity has resulted in the miscarriage of
justice. 34. Consequences of a workman found guilty.-- If, as a result of the enquiry, the workman has
been guilty of the charge, the employer or manager may pass orders, awarding
punishment to the employee. The employer shall also decide whether the workman
should be paid anything more than the subsistence allowance already paid to him
: Provided that in the case of a workman to whom
the provisions of clause (2) of Article 311 of the Constitution of India apply,
the provisions of that Article shall be complied with. 35. Consequences of a workman found not guilty.-- If, as a result of the enquiry, the workman has
been found not guilty of the charge, he shall be deemed to have been on duty
during the period of suspension and shall be entitled to the same wages as he
would have received if he had not been suspended. 36. Matters to be considered in awarding punishment.-- In awarding punishment under these standing
orders, the employer or the manager shall take into account the gravity of the
misconduct, the previous record, if any, of the workman and any extenuating or
aggravating circumstances that may exist. [10][36-A. 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
make any employment in addition to his job in the establishment which may
adversely affect the interest of his employer.] 37. Supply of copy of order.-- A copy the orders passed by the employer or the
manager shall be supplied to the workman concerned, whereupon the order shall
become operative. 38. Service of notice.-- All notices to be served upon a workman shall be
served personally or by registered post. 39. Superannuation.- [11][(1)The age of retirement on superannuation of a workman
shall be such as may be agreed upon between the employer and the workman under
an agreement or as specified in a settlement or award which is binding on both
the workman and the employer. Where, there is no such agreed age, retirement,
on superannuation shall be on completion of fifty-eight years of age by the
workman.] (2) ??The workman who retires from the service on
superannuation shall be paid gratuity in accordance with the provisions of the
Payment of Gratuity Act, 1972, and the rules made thereunder. (3) ??A workman who has attained the age of
superannuation may be appointed or retained in service even after attaining
that age for a specified period. 40. Certificate on termination of service.-- Every workman shall be entitled to a service
certificate at the time of his discharge, dismissal or retirement from the
service. 41. Liability of manager.-- The manager of the establishment shall be held
personally responsible for the proper and faithful observance of these standing
orders. 42. Exhibition of standing orders.-- (1) A copy of these standing orders in English, Punjabi and Hindi
or any other language understood by a majority of workmen shall be pasted at
the manager's office as well as on a notice-board maintained at or near the
main entrance of the establishment marked 'standing orders' and shall be kept
in a legible condition. (2) In case of any conflict in the meaning of the standing orders
in English and those in Punjabi or in other language, the English text shall be
deemed to be authentic. (3) A copy of the standing orders shall be supplied to the
workman on application and payment of one rupee. [1] Inserted by Punjab Govt. Notification No.
G.S.R.I6/C.A. 20/46/S.15/Amd(3)/87, dated the 25th February, 1987. [2] Substituted for the words "Hindi or
Punjabi or English" by Punjab Govt. Notification No. G.S.R.167C.A.20/467S.15/Amd.
87, dated 25th February, 1987. [3] Omitted by Punjab Govt. Notification No. G S
R. I6/C.A.20/46/S. IS Amd(3)/87, dated 25th February. 1987. [4] Inserted by Punjab Govt. Notification No.
G.S.R. 16/C.A.20/46/S. 15 Amd(3)/87, dated 25th February 1987. [5] ?Inserted by Punjab Govt. Notification No.
G.S.R.16/C.A.20/46/S.15 Amd(3)/87, dated 25th February, 1957. [6] ?Inserted by Punjab Govt. Notification No.
G.S.R.16/C.A.20/46/S.15 Amd(3)/87, dated 25th February, 1957. [7] ?Inserted by Punjab Govt. Notification No.
G.S.R.16/C.A.20/46/S.15 Amd(3)/87, dated 25th February, 1957. [8] Words "and recognised" omitted by
Government of Punjab Notification No. S.R. 114/C.A. 20/46/S. 15/Amd(l)/82,
dated the 20th August, 1982. [9] ?Rule
32 of Schedule II omitted by Punjab Govt. Notification No.G.S.R. 30/C.A.
20/40/S. 15/Amd(2)/84, dated the 21st March, 1984. [10] Inserted by Punjab Govt. Notification No.
G.S.R. 16/C.A.20/46/S. 15 Amd(3)/87, dated 25th February 1987. [11] Substituted by Punjab Govt. Notification No.
O.S.R. 16/C.A. 20/46/S.15 Amd(3) (3)/87, dated 25th Februrary, 1987.THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) PUNJAB RULES,
1978