THE KERALA INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1958

[1][THE KERALA INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1958

PREAMBLE

In exercise of the powers conferred by Section 15 of the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946) the Government of Kerala hereby make the following rules, the same having been previously published as required by sub-section (1) of the said section, namely; -

Rule - 1.

(i)       These rules may be called the Kerala Industrial Employment (Standing Orders) Rule, 1958.

(ii)      These rules extend to the whole of the State of Kerala.

Rule - 2.

In these rules unless the context otherwise requires,-

(a)      "Act" means the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946)

(b)      "Form" means a form set out in Schedule II appended to these Rules.

(c)      "Section" means a Section of the Act.

(d)      "Words and expressions not defined in these rules shall have the meaning assigned to them under the Act.

Rule - 3.

The model Standing Orders for the purposes of the Act shall be those set out in Schedule I appended to these Rules.

Rule - 4.

An application for certification of Standing Orders shall be made in Form I

Rule - 5.

The prescribed particulars of workmen, for the purposes of sub-section (3) of section 3 of the Act shall be-

(1)     Total number employed.

(2)     Number of permanent workmen;

(3)     Number of temporary workmen;

(4)     Number of casual workmen;

(5)     Number of badlis 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;

(9)     Remarks

(10)   As soon as may be after he receives an application under rule 4 in respect of an industrial establishment, the Certifying Officer 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;

(b)      Where there is no such trade union, forward a copy of the Draft Standing Orders together with a notice in Form II to a representative of the workmen elected at a meeting convenced for the purpose by an officer authorized by the Certifying Officer after previous notice of not less than ten days;

(c)      The Trade Union or the representative of the workmen of an industrial establishment may submit objections to the Draft Standing Orders to the Certifying Officer in duplicate.

Rule - 7.

Where, in the opinion of the Certifying Officer it is not possible to follow the procedure prescribed in rule 6, he shall enquire the employer to publish a copy of the Draft Standing Orders and a notice in Form III on the notice board of the establishment.

Rule - 8.

A group of employers in similar industrial establishments desirous of submitting Joint Draft Standing Orders shall through a person authorized in this behalf by the group or their association if any-

(i)       submit a list of employers constituting the group with the name and address in full of each establishment;

(ii)      submit a declaration signed by each of the employers forming the groups that they will abide by the conditions laid down in the Draft Standing Orders submitted by the group;

(iii)     submit separate statement in the form prescribed in rule 5 in respect of each establishment; and

(iv)    as soon as any particular, industrial establishment leaves the group the authorized person or the association referred to above shall notify the fact to the Certifying Officer within seven days from the day on which the industrial establishment leaves the group. Such industrial establishment shall continue to be governed by the group Standing Orders already certified, until such time as it submits separate Draft Standing Orders of its own to the Certifying Officer and these are duly certified.

Rule - 9.

When a new industrial establishment joins a group of industrial establishments formed in accordance with the procedure laid down in rule 8, it shall be governed by the Standing Orders of the group it joins and it shall notify the fact to the Certifying Officer within seven days.

Rule - 10.

Standing Orders certified in pursuance of sub-section (3) of section 5 or sub-section (2) of section 5 of the Act shall be authenticated by the signature and seal of office of the Certifying Officer or the appellate authority as the case may be, and shall be forwarded by such officer or authority [2][within a week of authentication] by registered letter posted to the employer and to the Trade Union, or as the case may be, the representative of the workmen elected in pursuance of Rule 6.

Rule - [10A.

(1)     Any person desiring to prefer an appeal in pursuance of sub-section (1) of section 6 of the Act shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quintuplicate to the Appellate Authority accompanied by a certified copy of the 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 Orders, amendments or modifications as certified by the Certifying Officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.

(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 notice thereof to be given:-

(a)      Where the appeal is filed by the employer or workmen, to trade unions of the workmen of the industrial establishments, and where there are no such trade unions to the representatives of workmen elected under clause (b) of rule 6 or as the case may be, to the employer;

(b)      Where the appeal is filed by 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 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 state call for any evidence if considers necessary for the disposal of the appeal.

(6)     On the date fixed under sub-rule (3) for the hearing of the appear the appellate authority shall take such evidence as it may have called for or consider to be relevant][3].

Rule - 11.

Where the procedure prescribed in rule 7 is followed a copy to the Standing Orders approved for the establishment shall be published on the notice board of the industrial establishment with three days of the receipt of the certified Standing Orders by the employer.

Rule - 12.

The register required to be maintained by Section 8 of the Act shall be in Form IV and shall be properly bound and the Certifying Officer shall furnish a copy of Standing Orders approved for an industrial establishment to any person applying therefore on payment of a fee [4][calculated at the following rates per copy:-

(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].

Rule - 13.

Files relating to appeals under the Act shall be preserved for 3 years

Rule - 14.

After the expiry of the period of 3 years mentioned in rule 13, the records may be destroyed either by tearing or by burning in the presence of an Officer authorized by the Certifying Officer for the purpose, provided, however, that records of a secret or confidential nature shall be destroyed only by burning.

The records destroyed by tearing may be sold or disposed of in such manner as the Certifying Officer thinks fit.

Rule - 15.

Every industrial establishment shall maintain a register showing the date of appointment of each workman and other details as shown in Form V and every workman should be allowed to look into it at least once a year:

Provided that if the Certifying Officer is of opinion that any muster roll or register maintained as part of the routine of an industrial establishment gives in respect of any or all the workers in that establishment the particulars required in the form prescribed under this rule he may by order in writing direct that such muster roll or register shall to the corresponding extent be maintained in the place of and be treated as the register of that establishment required to be maintained under this rule.

Rule - 16. Repeal.

The Travancore-Cochin Industrial Employment (Standing Orders) Rules, 1952 and the Madras Industrial Employment (Standing Orders) Rules, 1947 in their application to the territories referred to as Malabar District in Section 5(2) of the States Reorganization Act, 1956 (Central Act 37 of 1956) are hereby repealed:

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

1. These orders shall come into force on......................

2. Classification of workmen.

(a)      Workmen shall be classified as-

(i)       Permanent

(ii)      Probationers

(iii)     Badlis or substitutes

(iv)    Temporary

(v)      Casual

(vi)    Apprentices

(b)      A "Permanent workman" is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lockout, strike (not being an illegal strike) or involuntary closure of the establishment.

(c)      A "Probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three month s service therein. If a permanent employee is employed as a probationer in a new post he may at any time during the probationary period of three months, be reverted to his old permanent post.

(d)      A "Badli" is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.

(e)      A "Temporary" workman is a workman who has been engaged on a temporary basis for work which is of a temporary duration or is likely to be furnished within a limited period .

(f)       A "Causal" workmen is a workman whose employment is of a casual nature.

(g)      An "Apprentice" is a learner who is paid an allowance during the period of his training

3. Tickets.

(1)     Every workman shall be given a permanent ticket unless he is a probationer, temporary, substitute, casual worker or apprentice.

(2)     Every permanent workman shall be provided with a departmental ticket showing his number, and shall, on being required to do so show it to any person authorized by the [5][Employer] to inspect it.

(3)     Every substitute shall be provided with a "substitute" card on which shall be entered the days on which he was worked in the establishment and which shall be surrendered if he obtains permanent employment.

(4)     Every temporary workman shall be provided with a 'temporary' ticket which shall surrender on his discharge,

(5)     Every causal worker shall be provided with a 'casual' card on which shall be entered the days on which he has worked in the establishment.

(6)     Every apprentice shall be provided with an 'apprentice' card which shall be surrendered if he obtains permanent employment.

4. Publication of Working Time.

The periods and hours of work for all classes of workers in each shift shall be exhibited in English, Malayalam and if more than 20 percent of the total workmen speak any other language in that language also on Notice Boards maintained at or near the main entrance of the Establishment and at the time keeper's office, if any.

5. Publication of Holidays and pay days.

Notices specifying (a) the days observed by the establishment as holidays and (b) pay days shall be posted on the said Notice Board.

6. Publications of wage-rates.

Notices specifying the rates of wages payable to all classes of workmen and for all classes of work shall be displayed on the said notice boards. A list specifying the number of workmen working in each category shall also be displayed on the notice board along with the notice specifying the rate of wages.

[6][7. Shift Working.

More than one shift may be worked in a department or departments or any Section of a department or the establishment at the discretion of the employer, if more than one shift is worked, the workmen shall be liable to be transferred from one shift to another. No shift working shall be discontinued without two months' notice being given in writing to the workmen prior to Such discontinuance, provided that no such notice shall be necessary if the closing of the shift is under an agreement with the workmen affected. If as a result of the discontinuance of the shift working, any workmen are 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 there under, If shift working is re-started the workmen shall be given notice and re-employed in accordance with the provisions of the said Act and the said Rules].

[7][7A. Notice of change in shift working Any notice of discontinuance or of restarting of a shift working required by Standing Order 7 shall be in the Form appended to these orders shall be served in the following manner, namely:-

The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment [8][x x x]

Provided that where any registered trade union of workmen exists a copy of the notice shall also be served by registered post on the Secretary of such Union].

8. Attendance and late coming.

All workmen shall be at work at the establishment at the time fixed and notified under paragraph 4, Workmen attending late up to a period of half an hour shall be admitted for work and such workmen are liable to the deductions provided for in the Payment of Wages Act. 1936.

9. Absence without permission.

Any workmen who after presenting his ticket, card or pass leaves his proper place or places of work during any period of the working hours without permission or without any sufficient reason shall be liable to be treated as absent for such period.

If however he leaves the premises of the industrial establishment during working hours without permission, he shall be liable to be treated as absent for the whole day in case his absence commences before the recess period and for half a day in case his absence after the recess period.

If the workman is absent from the premises of the-industrial establishment with the permission of the head of the department, his wages for the actual period of absence only shall be liable to be deducted.

The deductions from wages to be made for the periods of absence under this order shall be made in accordance with the provisions of the Payment of Wages Act, 1936.

10. Leave.

(1)     leave with wages will be allowed as provided for in Chapter VIII of the Factories Act, 1948 (Central Act LXIII of 1948) in the case of workmen employed in the factories and in the case of those employed in plantations leave with wages shall be allowed as provided for in Chapter VI of the Plantations Labor Act, 1951 (Central Act LXIX of 1951). Other holidays shall be in accordance with law, contract, customs and usages.

(2)     A workmen who desires to obtain leave of absence shall apply to the [9][employer or any other officer of the industrial establishment specified in this behalf by the employer] who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted, a leave pass shall be issued to the worker. If the leave refused or postponed the fact of such refusal or postponement and the reasons therefore shall be recorded in writing in a register to be maintained for the purpose and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof he shall apply to the [10][employer or the officer specified in this behalf by the employer] at least one day prior to expiry of the first spell of leave. The [11][employer or the officer specified in this behalf by the employer] shall sent a written reply either granting or refusing the extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him, [12][No leave shall be refused or postponed except on sufficient reason recorded in writing.]

[13][(3) A workman who remains absent beyond a period of eight days without leave, will be liable to forfeit his lien in the post if he fails to give reasonable cause for his absence upon a notice being issued by the management to show cause why his lien in the post should not be terminated

11. Causal leave.

A workman may be granted causal leave of absence with or without pay not exceeding ten days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot before-seen. Ordinarily the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.

12. Entrance and exit through the proper gate.

The workmen shall not enter or leave the premises of the industrial establishment except by the gate or gates, appointed for the purpose.

13. Search by the gateman.

All male workers shall be liable on leaving the premises of the industrial establishment to be searched by the gateman and all female workers shall be liable to be detained by the gateman for search by the female searcher if acting without malice, the gatemen suspects that any worker is in wrong full possession of property belonging to the industrial establishment, provided, that no search shall be made except in the presence of two other persons of the same sex as the suspected worker.

14. Payment of unclaimed wages.

(1)     Any wages due to a workman but not paid on the usual pay day on account of their being unclaimed shall be paid by the employer on such unclaimed wage pay day in each week, as may be notified to the workman, following the date on which a substantiated claim was presented by the workman, or on his behalf by his legal representative, provided that such claim is submitted within three years from the date on which the wages became due to the workman.

(2)     All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable according as the total number of workmen employed in the establishment does not or does exceed one thousand.

15. Stoppage of work.

(1)     The employer may at any time in the event of fire, catastrophe, breakdown of machinery or stoppage of power supply, epidemics civil commotion or other cause beyond his control, stop any Section or Sections of the establishment, wholly or partially for any period or periods without notice.

(2)     In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice board in the departments concerned [14][and at the office of the employer and the timekeeper's office, if any] as soon as practicable when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than one hour after the commencement of the stoppage. If the period of the detention does not exceed one hour, the workman so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In the case of piece rate workers, the average daily earnings for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppages. Wherever practicable, reasonable notice shall be given or resumption of normal work and all workman laid of who present themselves for work when the normal working is resumed shall have prior right of reinstatement.

(3)     In cases where workmen are laid off for short periods on account of failure of plant or temporary curtailment of production compensation, shall be paid to the workmen laid off in accordance with the conditions laid down in sections 25A to 25E of the Industrial Disputes Act, 1947, where however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof provided that no retrenchment of workman shall be made except under conditions relating to retrenchment as provided in Sections 25F. 25FF, 25FFF, 25G and 25H of the Industrial Disputes Act, 1947:

[15][Provided that such termination of service shall not affect the period of employment of those workmen for the purpose of section 5 of the Maternity Benefit Act, 1961 (Central Act 53 of 1961), if they rejoin service within a period of sixty days]

(4)     In the event of a strike affecting other wholly or partially any section or department of the establishment the employer may subject to the provisions of the Industrial Disputes Act, 1947 or any Rules made thereunder close down either wholly or partially such section or department and any other section or department affected by such closing down and for any period or periods. The fact of such closure shall be notified by notices put on the notice board in the section or department concerned and in the time-keeper's office, if any, as soon as practicable. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.

16. Termination of employment.

(1)     Except where the contract of service otherwise provides the employment of a permanent workmen shall not be terminated without giving one month's notice in writing either by the employer or the workman in the case or monthly-rated workmen and two week's notice in the case of other workmen or one months' or two weeks, pay, as these case may be, in lieu of notice. The reasons for the termination of service shall be recorded in writing and shall be communicated to the workman, if he so desires at the time of discharge.

(2)     No temporary workman, whether monthly-rated, weekly-rated or piece-rated and no probationer or substitute shall be entitled to any notice or pay in lieu thereof if his services are terminated, but the service of a temporary workman shall not be terminated as a punishment unless he has been given opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 17.

(3)     Where the employment any workman is terminated the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

(4)     No retrenchment of workmen shall be made except as provided under section 25F, 25FF, 25FFF, 25G, 25H of the Industrial Disputes Act, 1947.

17. Disciplinary action for misconduct.

(1)     A workman may be fined up to two percent of his wages in a month for any of the following acts and omissions, namely:-

Notes:- Specify the acts and ommissions which the employer may notify with the previous approval of the Government or of the prescribed authority in pursuance of Section 8 of the payment of Wages Act, 1936.

(2)     A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.

(3)     The following acts and omissions shall be treated as misconduct:-

(a)      Willful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior.

(b)      Theft, fraud or dishonesty in connection with the employer's business or property.

(c)      Willful damage to or loss or employer's goods or property

(d)      Taking or giving bribes or any illegal gratification.

(e)      Habitual absence without leave or absence without leave for more than ten days.

(f)       Habitual late attendance.

(g)      Habitual breach of any law applicable to the establishment.

(h)     Riotous or disorderly behaviors during working hours at the establishment or any act subversive of discipline.

(i)       Habitual negligence or neglect of work.

(j)       Frequent repetitions of any act or omission for which a fine may be imposed to a maximum of two percent of the wages in a month.

(k)      Striking work or inciting others to strike work with another or others in contravention of any lawful and reasonable order of a superior.

(l)       Striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.

(m)    Engaging in trade within the premises of the industrial establishment .

(n)     Habitual breach of any rules or instructions for the maintenance and running of any department or the maintenance of the cleanliness of any portion of the premises of the industrial establishment.

[16][(o) Sexual harassment against co-female workers inclusive of such unwelcome sexually determined behavior (wither directly or by implication such as:-

(i)       physical contact and advances;

(ii)      a demand on request for secual favors;

(iii)     sexually colored remarks;

(iv)    showing pornography;

(v)      any other unwelcime physical, verbal or non-verbal conduct of sexual nature];

[17][(4) (a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may buy 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 workman within a week from the date of suspension.

[18][(b) A workman who is placed under suspension under sub-clause (a) shall be entitled to subsistence allowance as provided in the Kerala payment of subsistence Allowance Act. 1972 (27 of 1973)]

[19][(ba) In the inquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member;

(bb) the proceedings of the enquiry shall be recorded in Hindi or in English or in the language of the State where the industrial establishment is located, whichever is preferred by the workmen;

(bc) the proceedings of the inquiry shall be completed within period of three months:

Provided that the period of three months may for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the enquiry officer]

(c) If on the conclusion of the enquiry or, as the case may be of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:

Provided that when an order of dismissal is passed under this clause, the workman shall be deemed, to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered:

Provided further that where the period between the date on which the workman was suspended from duty pending the enquiry or investigation or trail and the date on which an order of suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:

Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period.

Provided also that in the case of a workman to whom the provision of clause (2) of Article 311 of the Constitution apply, the provisions of the Article shall be complied with.

(d) If on the conclusion of the enquiry, or as the case may, of the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period.

(e) The payment of subsistence allowance under this standing order shall be subject to the workmen concerned not taking up any employment during the period of suspension].

[20][(5) In awarding punishment under the Standing Order, the [21][authority imposing the punishment] shall take in to account the gravity of the misconduct, the previous record if any, of the workman and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the [22][authority imposing the punishment] shall be supplied to the workman concerned.

[23][(6) (a) A working aggrieved by an order imposing the punishment, may within twenty one days from the data of receipt of the order, appeal to the appellate authority

(b) the employer shall, for the purpose of clause (a) specify the appellate authority;

(c) the appellate authority, after giving an opportunity to the workmen of being heard, shall pass such order as he thinks proper on the appeal within fifteen days of its receipt and sand communicate the same to the workmen in writing]

18. Complaints.

All complaints arising out of his employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent or servant shall be submitted by a workman or on his behalf by a union of which he is a member, to the Manager or such other officer or officers as the employer may appoint [24][in this behalf, against whose decision an appeal shall lie to the employer]. The Manager or such other officer or officers shall personally investigate the complaint at such times and places as he or they may fix and the complainant-workman or the union shall have the right to be present at such investigation. Where the complainant alleges unfair treatment or wrongful execution on the part of his employer or his agent or servant, a copy of the order finally made 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 by him shall be intimated to the complainant.

Provided that complaints relating to-

(1)     assault or abuse by any person holding a supervisory position; or

(2)     refusal of an application for urgent leave shall be enquired into without avoidable delay by the Manager or such other officer or officers as he may appoint.

19. Certificate on termination of service.

When any probationer or permanent workmen is summarily dismissed, suspended, or discharged, or leaves the service of the industrial establishment or is granted leave of absence he shall except in cases of general retrenchment, closing down of departments, strike or lockout; be given a written order in the form prescribed by the employer.

Every permanent employee shall be entitled to a service certificate at the time of leave the service, dismissal or discharge.

20. Liability of [25][employer].

[26](1) The [27][Employer] of the establishment shall personally be held responsible for the proper and faithful observance of the Standing Orders.

[28][(2) Preventive steps.

The employer or other responsible persons in work places or other institutions to whom these standing orders apply shall take steps to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required such as,-

(a)      express prohibition of sexual harassment as defined above at work place and it shall be notified, published and circulated in appropriate ways;

(b)      appropriate work conditions shall be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work place and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

(3) Criminal proceedings.

Where the conduct of sexual harassment amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate action in accordance with law by making a complaint with the appropriate authority ensuring that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

(4) Disciplinary action.

Where the conduct of sexual harassment amounts to mis-conduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer, in accordance with these rules.

(5) Complaint mechanism.

Whether or not such action constitutes an offence under law or a breach of the service rules, a complaint mechanism as stated in sub-clause (1) of clause (6) shall be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.

(6) Complaints Committee.

(i)       A complaints committee shall constituted consisting of five members headed by a woman and not less than half of its members shall be women.

(ii)      It shall include a non-governmental organization or other body who is familiar with the issue of sexual harassment.

(iii)     It shall make an annual report to the Government department concerned, of the complaints and action taken by them.

(7) Workers initiative.

Employees should be allowed to raise issues of sexual harassment at worker's meeting and in other appropriate forum, and it should be affirmatively discussed in employer-employee meetings.

(8) Third party harassment.

Where sexual harassment occurs as a result of an action or mission by any third party or outsider, employer and person in charge will take all necessary and reasonable steps to assist the affected person in terms of support and preventive action.]

21. Exhibition of Standing Orders.

A copy of these orders in English, Malayalam and if more than 20 Per cent of the total speak any other language in that language also shall be passed [29][* * *] on a notice board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.

 

Annexure

(Here specify the particulars of change in the shift working proposed to be effected)

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THE KERALA INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1958

[1][THE KERALA INDUSTRIAL EMPLOYMENT (STANDING ORDERS) RULES, 1958

PREAMBLE

In exercise of the powers conferred by Section 15 of the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946) the Government of Kerala hereby make the following rules, the same having been previously published as required by sub-section (1) of the said section, namely; -

Rule - 1.

(i)       These rules may be called the Kerala Industrial Employment (Standing Orders) Rule, 1958.

(ii)      These rules extend to the whole of the State of Kerala.

Rule - 2.

In these rules unless the context otherwise requires,-

(a)      "Act" means the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946)

(b)      "Form" means a form set out in Schedule II appended to these Rules.

(c)      "Section" means a Section of the Act.

(d)      "Words and expressions not defined in these rules shall have the meaning assigned to them under the Act.

Rule - 3.

The model Standing Orders for the purposes of the Act shall be those set out in Schedule I appended to these Rules.

Rule - 4.

An application for certification of Standing Orders shall be made in Form I

Rule - 5.

The prescribed particulars of workmen, for the purposes of sub-section (3) of section 3 of the Act shall be-

(1)     Total number employed.

(2)     Number of permanent workmen;

(3)     Number of temporary workmen;

(4)     Number of casual workmen;

(5)     Number of badlis 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;

(9)     Remarks

(10)   As soon as may be after he receives an application under rule 4 in respect of an industrial establishment, the Certifying Officer 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;

(b)      Where there is no such trade union, forward a copy of the Draft Standing Orders together with a notice in Form II to a representative of the workmen elected at a meeting convenced for the purpose by an officer authorized by the Certifying Officer after previous notice of not less than ten days;

(c)      The Trade Union or the representative of the workmen of an industrial establishment may submit objections to the Draft Standing Orders to the Certifying Officer in duplicate.

Rule - 7.

Where, in the opinion of the Certifying Officer it is not possible to follow the procedure prescribed in rule 6, he shall enquire the employer to publish a copy of the Draft Standing Orders and a notice in Form III on the notice board of the establishment.

Rule - 8.

A group of employers in similar industrial establishments desirous of submitting Joint Draft Standing Orders shall through a person authorized in this behalf by the group or their association if any-

(i)       submit a list of employers constituting the group with the name and address in full of each establishment;

(ii)      submit a declaration signed by each of the employers forming the groups that they will abide by the conditions laid down in the Draft Standing Orders submitted by the group;

(iii)     submit separate statement in the form prescribed in rule 5 in respect of each establishment; and

(iv)    as soon as any particular, industrial establishment leaves the group the authorized person or the association referred to above shall notify the fact to the Certifying Officer within seven days from the day on which the industrial establishment leaves the group. Such industrial establishment shall continue to be governed by the group Standing Orders already certified, until such time as it submits separate Draft Standing Orders of its own to the Certifying Officer and these are duly certified.

Rule - 9.

When a new industrial establishment joins a group of industrial establishments formed in accordance with the procedure laid down in rule 8, it shall be governed by the Standing Orders of the group it joins and it shall notify the fact to the Certifying Officer within seven days.

Rule - 10.

Standing Orders certified in pursuance of sub-section (3) of section 5 or sub-section (2) of section 5 of the Act shall be authenticated by the signature and seal of office of the Certifying Officer or the appellate authority as the case may be, and shall be forwarded by such officer or authority [2][within a week of authentication] by registered letter posted to the employer and to the Trade Union, or as the case may be, the representative of the workmen elected in pursuance of Rule 6.

Rule - [10A.

(1)     Any person desiring to prefer an appeal in pursuance of sub-section (1) of section 6 of the Act shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quintuplicate to the Appellate Authority accompanied by a certified copy of the 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 Orders, amendments or modifications as certified by the Certifying Officer unless it considers that there are reasons for giving the other parties to the proceedings a hearing before a final decision is made in the appeal.

(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 notice thereof to be given:-

(a)      Where the appeal is filed by the employer or workmen, to trade unions of the workmen of the industrial establishments, and where there are no such trade unions to the representatives of workmen elected under clause (b) of rule 6 or as the case may be, to the employer;

(b)      Where the appeal is filed by 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 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 state call for any evidence if considers necessary for the disposal of the appeal.

(6)     On the date fixed under sub-rule (3) for the hearing of the appear the appellate authority shall take such evidence as it may have called for or consider to be relevant][3].

Rule - 11.

Where the procedure prescribed in rule 7 is followed a copy to the Standing Orders approved for the establishment shall be published on the notice board of the industrial establishment with three days of the receipt of the certified Standing Orders by the employer.

Rule - 12.

The register required to be maintained by Section 8 of the Act shall be in Form IV and shall be properly bound and the Certifying Officer shall furnish a copy of Standing Orders approved for an industrial establishment to any person applying therefore on payment of a fee [4][calculated at the following rates per copy:-

(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].

Rule - 13.

Files relating to appeals under the Act shall be preserved for 3 years

Rule - 14.

After the expiry of the period of 3 years mentioned in rule 13, the records may be destroyed either by tearing or by burning in the presence of an Officer authorized by the Certifying Officer for the purpose, provided, however, that records of a secret or confidential nature shall be destroyed only by burning.

The records destroyed by tearing may be sold or disposed of in such manner as the Certifying Officer thinks fit.

Rule - 15.

Every industrial establishment shall maintain a register showing the date of appointment of each workman and other details as shown in Form V and every workman should be allowed to look into it at least once a year:

Provided that if the Certifying Officer is of opinion that any muster roll or register maintained as part of the routine of an industrial establishment gives in respect of any or all the workers in that establishment the particulars required in the form prescribed under this rule he may by order in writing direct that such muster roll or register shall to the corresponding extent be maintained in the place of and be treated as the register of that establishment required to be maintained under this rule.

Rule - 16. Repeal.

The Travancore-Cochin Industrial Employment (Standing Orders) Rules, 1952 and the Madras Industrial Employment (Standing Orders) Rules, 1947 in their application to the territories referred to as Malabar District in Section 5(2) of the States Reorganization Act, 1956 (Central Act 37 of 1956) are hereby repealed:

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

1. These orders shall come into force on......................

2. Classification of workmen.

(a)      Workmen shall be classified as-

(i)       Permanent

(ii)      Probationers

(iii)     Badlis or substitutes

(iv)    Temporary

(v)      Casual

(vi)    Apprentices

(b)      A "Permanent workman" is a workman who has been engaged on a permanent basis and includes any person who has satisfactorily completed a probationary period of three months in the same or another occupation in the industrial establishment, including breaks due to sickness, accident, leave, lockout, strike (not being an illegal strike) or involuntary closure of the establishment.

(c)      A "Probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed three month s service therein. If a permanent employee is employed as a probationer in a new post he may at any time during the probationary period of three months, be reverted to his old permanent post.

(d)      A "Badli" is a workman who is appointed in the post of a permanent workman or probationer who is temporarily absent.

(e)      A "Temporary" workman is a workman who has been engaged on a temporary basis for work which is of a temporary duration or is likely to be furnished within a limited period .

(f)       A "Causal" workmen is a workman whose employment is of a casual nature.

(g)      An "Apprentice" is a learner who is paid an allowance during the period of his training

3. Tickets.

(1)     Every workman shall be given a permanent ticket unless he is a probationer, temporary, substitute, casual worker or apprentice.

(2)     Every permanent workman shall be provided with a departmental ticket showing his number, and shall, on being required to do so show it to any person authorized by the [5][Employer] to inspect it.

(3)     Every substitute shall be provided with a "substitute" card on which shall be entered the days on which he was worked in the establishment and which shall be surrendered if he obtains permanent employment.

(4)     Every temporary workman shall be provided with a 'temporary' ticket which shall surrender on his discharge,

(5)     Every causal worker shall be provided with a 'casual' card on which shall be entered the days on which he has worked in the establishment.

(6)     Every apprentice shall be provided with an 'apprentice' card which shall be surrendered if he obtains permanent employment.

4. Publication of Working Time.

The periods and hours of work for all classes of workers in each shift shall be exhibited in English, Malayalam and if more than 20 percent of the total workmen speak any other language in that language also on Notice Boards maintained at or near the main entrance of the Establishment and at the time keeper's office, if any.

5. Publication of Holidays and pay days.

Notices specifying (a) the days observed by the establishment as holidays and (b) pay days shall be posted on the said Notice Board.

6. Publications of wage-rates.

Notices specifying the rates of wages payable to all classes of workmen and for all classes of work shall be displayed on the said notice boards. A list specifying the number of workmen working in each category shall also be displayed on the notice board along with the notice specifying the rate of wages.

[6][7. Shift Working.

More than one shift may be worked in a department or departments or any Section of a department or the establishment at the discretion of the employer, if more than one shift is worked, the workmen shall be liable to be transferred from one shift to another. No shift working shall be discontinued without two months' notice being given in writing to the workmen prior to Such discontinuance, provided that no such notice shall be necessary if the closing of the shift is under an agreement with the workmen affected. If as a result of the discontinuance of the shift working, any workmen are 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 there under, If shift working is re-started the workmen shall be given notice and re-employed in accordance with the provisions of the said Act and the said Rules].

[7][7A. Notice of change in shift working Any notice of discontinuance or of restarting of a shift working required by Standing Order 7 shall be in the Form appended to these orders shall be served in the following manner, namely:-

The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment [8][x x x]

Provided that where any registered trade union of workmen exists a copy of the notice shall also be served by registered post on the Secretary of such Union].

8. Attendance and late coming.

All workmen shall be at work at the establishment at the time fixed and notified under paragraph 4, Workmen attending late up to a period of half an hour shall be admitted for work and such workmen are liable to the deductions provided for in the Payment of Wages Act. 1936.

9. Absence without permission.

Any workmen who after presenting his ticket, card or pass leaves his proper place or places of work during any period of the working hours without permission or without any sufficient reason shall be liable to be treated as absent for such period.

If however he leaves the premises of the industrial establishment during working hours without permission, he shall be liable to be treated as absent for the whole day in case his absence commences before the recess period and for half a day in case his absence after the recess period.

If the workman is absent from the premises of the-industrial establishment with the permission of the head of the department, his wages for the actual period of absence only shall be liable to be deducted.

The deductions from wages to be made for the periods of absence under this order shall be made in accordance with the provisions of the Payment of Wages Act, 1936.

10. Leave.

(1)     leave with wages will be allowed as provided for in Chapter VIII of the Factories Act, 1948 (Central Act LXIII of 1948) in the case of workmen employed in the factories and in the case of those employed in plantations leave with wages shall be allowed as provided for in Chapter VI of the Plantations Labor Act, 1951 (Central Act LXIX of 1951). Other holidays shall be in accordance with law, contract, customs and usages.

(2)     A workmen who desires to obtain leave of absence shall apply to the [9][employer or any other officer of the industrial establishment specified in this behalf by the employer] who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave asked for is granted, a leave pass shall be issued to the worker. If the leave refused or postponed the fact of such refusal or postponement and the reasons therefore shall be recorded in writing in a register to be maintained for the purpose and if the worker so desires, a copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof he shall apply to the [10][employer or the officer specified in this behalf by the employer] at least one day prior to expiry of the first spell of leave. The [11][employer or the officer specified in this behalf by the employer] shall sent a written reply either granting or refusing the extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him, [12][No leave shall be refused or postponed except on sufficient reason recorded in writing.]

[13][(3) A workman who remains absent beyond a period of eight days without leave, will be liable to forfeit his lien in the post if he fails to give reasonable cause for his absence upon a notice being issued by the management to show cause why his lien in the post should not be terminated

11. Causal leave.

A workman may be granted causal leave of absence with or without pay not exceeding ten days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot before-seen. Ordinarily the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.

12. Entrance and exit through the proper gate.

The workmen shall not enter or leave the premises of the industrial establishment except by the gate or gates, appointed for the purpose.

13. Search by the gateman.

All male workers shall be liable on leaving the premises of the industrial establishment to be searched by the gateman and all female workers shall be liable to be detained by the gateman for search by the female searcher if acting without malice, the gatemen suspects that any worker is in wrong full possession of property belonging to the industrial establishment, provided, that no search shall be made except in the presence of two other persons of the same sex as the suspected worker.

14. Payment of unclaimed wages.

(1)     Any wages due to a workman but not paid on the usual pay day on account of their being unclaimed shall be paid by the employer on such unclaimed wage pay day in each week, as may be notified to the workman, following the date on which a substantiated claim was presented by the workman, or on his behalf by his legal representative, provided that such claim is submitted within three years from the date on which the wages became due to the workman.

(2)     All workmen will be paid wages on a working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable according as the total number of workmen employed in the establishment does not or does exceed one thousand.

15. Stoppage of work.

(1)     The employer may at any time in the event of fire, catastrophe, breakdown of machinery or stoppage of power supply, epidemics civil commotion or other cause beyond his control, stop any Section or Sections of the establishment, wholly or partially for any period or periods without notice.

(2)     In the event of such stoppage during working hours, the workmen affected shall be notified by notices put upon the notice board in the departments concerned [14][and at the office of the employer and the timekeeper's office, if any] as soon as practicable when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than one hour after the commencement of the stoppage. If the period of the detention does not exceed one hour, the workman so detained shall not be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detained shall be entitled to receive wages for the whole of the time during which they are detained as a result of the stoppage. In the case of piece rate workers, the average daily earnings for the previous month shall be taken to be the daily wage. No other compensation will be admissible in case of such stoppages. Wherever practicable, reasonable notice shall be given or resumption of normal work and all workman laid of who present themselves for work when the normal working is resumed shall have prior right of reinstatement.

(3)     In cases where workmen are laid off for short periods on account of failure of plant or temporary curtailment of production compensation, shall be paid to the workmen laid off in accordance with the conditions laid down in sections 25A to 25E of the Industrial Disputes Act, 1947, where however, workmen have to be laid off for an indefinitely long period, their services may be terminated after giving them due notice or pay in lieu thereof provided that no retrenchment of workman shall be made except under conditions relating to retrenchment as provided in Sections 25F. 25FF, 25FFF, 25G and 25H of the Industrial Disputes Act, 1947:

[15][Provided that such termination of service shall not affect the period of employment of those workmen for the purpose of section 5 of the Maternity Benefit Act, 1961 (Central Act 53 of 1961), if they rejoin service within a period of sixty days]

(4)     In the event of a strike affecting other wholly or partially any section or department of the establishment the employer may subject to the provisions of the Industrial Disputes Act, 1947 or any Rules made thereunder close down either wholly or partially such section or department and any other section or department affected by such closing down and for any period or periods. The fact of such closure shall be notified by notices put on the notice board in the section or department concerned and in the time-keeper's office, if any, as soon as practicable. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed.

16. Termination of employment.

(1)     Except where the contract of service otherwise provides the employment of a permanent workmen shall not be terminated without giving one month's notice in writing either by the employer or the workman in the case or monthly-rated workmen and two week's notice in the case of other workmen or one months' or two weeks, pay, as these case may be, in lieu of notice. The reasons for the termination of service shall be recorded in writing and shall be communicated to the workman, if he so desires at the time of discharge.

(2)     No temporary workman, whether monthly-rated, weekly-rated or piece-rated and no probationer or substitute shall be entitled to any notice or pay in lieu thereof if his services are terminated, but the service of a temporary workman shall not be terminated as a punishment unless he has been given opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 17.

(3)     Where the employment any workman is terminated the wages earned by him and other dues, if any, shall be paid before the expiry of the second working day from the day on which his employment is terminated.

(4)     No retrenchment of workmen shall be made except as provided under section 25F, 25FF, 25FFF, 25G, 25H of the Industrial Disputes Act, 1947.

17. Disciplinary action for misconduct.

(1)     A workman may be fined up to two percent of his wages in a month for any of the following acts and omissions, namely:-

Notes:- Specify the acts and ommissions which the employer may notify with the previous approval of the Government or of the prescribed authority in pursuance of Section 8 of the payment of Wages Act, 1936.

(2)     A workman may be suspended for a period not exceeding four days at a time, or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.

(3)     The following acts and omissions shall be treated as misconduct:-

(a)      Willful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior.

(b)      Theft, fraud or dishonesty in connection with the employer's business or property.

(c)      Willful damage to or loss or employer's goods or property

(d)      Taking or giving bribes or any illegal gratification.

(e)      Habitual absence without leave or absence without leave for more than ten days.

(f)       Habitual late attendance.

(g)      Habitual breach of any law applicable to the establishment.

(h)     Riotous or disorderly behaviors during working hours at the establishment or any act subversive of discipline.

(i)       Habitual negligence or neglect of work.

(j)       Frequent repetitions of any act or omission for which a fine may be imposed to a maximum of two percent of the wages in a month.

(k)      Striking work or inciting others to strike work with another or others in contravention of any lawful and reasonable order of a superior.

(l)       Striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.

(m)    Engaging in trade within the premises of the industrial establishment .

(n)     Habitual breach of any rules or instructions for the maintenance and running of any department or the maintenance of the cleanliness of any portion of the premises of the industrial establishment.

[16][(o) Sexual harassment against co-female workers inclusive of such unwelcome sexually determined behavior (wither directly or by implication such as:-

(i)       physical contact and advances;

(ii)      a demand on request for secual favors;

(iii)     sexually colored remarks;

(iv)    showing pornography;

(v)      any other unwelcime physical, verbal or non-verbal conduct of sexual nature];

[17][(4) (a) Where a disciplinary proceeding against a workman is contemplated or is pending or where criminal proceedings against him in respect of any offence are under investigation or trial and the employer is satisfied that it is necessary or desirable to place the workman under suspension, he may buy 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 workman within a week from the date of suspension.

[18][(b) A workman who is placed under suspension under sub-clause (a) shall be entitled to subsistence allowance as provided in the Kerala payment of subsistence Allowance Act. 1972 (27 of 1973)]

[19][(ba) In the inquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member;

(bb) the proceedings of the enquiry shall be recorded in Hindi or in English or in the language of the State where the industrial establishment is located, whichever is preferred by the workmen;

(bc) the proceedings of the inquiry shall be completed within period of three months:

Provided that the period of three months may for reasons to be recorded in writing, be extended by such further period as may be deemed necessary by the enquiry officer]

(c) If on the conclusion of the enquiry or, as the case may be of the criminal proceedings, the workman has been found guilty of the charges framed against him and it is considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly:

Provided that when an order of dismissal is passed under this clause, the workman shall be deemed, to have been absent from duty during the period of suspension and shall not be entitled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered:

Provided further that where the period between the date on which the workman was suspended from duty pending the enquiry or investigation or trail and the date on which an order of suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period:

Provided also that where an order imposing fine or stoppage of annual increment or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period.

Provided also that in the case of a workman to whom the provision of clause (2) of Article 311 of the Constitution apply, the provisions of the Article shall be complied with.

(d) If on the conclusion of the enquiry, or as the case may, of the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension, after deducting the subsistence allowance paid to him for such period.

(e) The payment of subsistence allowance under this standing order shall be subject to the workmen concerned not taking up any employment during the period of suspension].

[20][(5) In awarding punishment under the Standing Order, the [21][authority imposing the punishment] shall take in to account the gravity of the misconduct, the previous record if any, of the workman and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the [22][authority imposing the punishment] shall be supplied to the workman concerned.

[23][(6) (a) A working aggrieved by an order imposing the punishment, may within twenty one days from the data of receipt of the order, appeal to the appellate authority

(b) the employer shall, for the purpose of clause (a) specify the appellate authority;

(c) the appellate authority, after giving an opportunity to the workmen of being heard, shall pass such order as he thinks proper on the appeal within fifteen days of its receipt and sand communicate the same to the workmen in writing]

18. Complaints.

All complaints arising out of his employment including those relating to unfair treatment or wrongful exaction on the part of the employer or his agent or servant shall be submitted by a workman or on his behalf by a union of which he is a member, to the Manager or such other officer or officers as the employer may appoint [24][in this behalf, against whose decision an appeal shall lie to the employer]. The Manager or such other officer or officers shall personally investigate the complaint at such times and places as he or they may fix and the complainant-workman or the union shall have the right to be present at such investigation. Where the complainant alleges unfair treatment or wrongful execution on the part of his employer or his agent or servant, a copy of the order finally made 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 by him shall be intimated to the complainant.

Provided that complaints relating to-

(1)     assault or abuse by any person holding a supervisory position; or

(2)     refusal of an application for urgent leave shall be enquired into without avoidable delay by the Manager or such other officer or officers as he may appoint.

19. Certificate on termination of service.

When any probationer or permanent workmen is summarily dismissed, suspended, or discharged, or leaves the service of the industrial establishment or is granted leave of absence he shall except in cases of general retrenchment, closing down of departments, strike or lockout; be given a written order in the form prescribed by the employer.

Every permanent employee shall be entitled to a service certificate at the time of leave the service, dismissal or discharge.

20. Liability of [25][employer].

[26](1) The [27][Employer] of the establishment shall personally be held responsible for the proper and faithful observance of the Standing Orders.

[28][(2) Preventive steps.

The employer or other responsible persons in work places or other institutions to whom these standing orders apply shall take steps to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required such as,-

(a)      express prohibition of sexual harassment as defined above at work place and it shall be notified, published and circulated in appropriate ways;

(b)      appropriate work conditions shall be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work place and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

(3) Criminal proceedings.

Where the conduct of sexual harassment amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate action in accordance with law by making a complaint with the appropriate authority ensuring that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

(4) Disciplinary action.

Where the conduct of sexual harassment amounts to mis-conduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer, in accordance with these rules.

(5) Complaint mechanism.

Whether or not such action constitutes an offence under law or a breach of the service rules, a complaint mechanism as stated in sub-clause (1) of clause (6) shall be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.

(6) Complaints Committee.

(i)       A complaints committee shall constituted consisting of five members headed by a woman and not less than half of its members shall be women.

(ii)      It shall include a non-governmental organization or other body who is familiar with the issue of sexual harassment.

(iii)     It shall make an annual report to the Government department concerned, of the complaints and action taken by them.

(7) Workers initiative.

Employees should be allowed to raise issues of sexual harassment at worker's meeting and in other appropriate forum, and it should be affirmatively discussed in employer-employee meetings.

(8) Third party harassment.

Where sexual harassment occurs as a result of an action or mission by any third party or outsider, employer and person in charge will take all necessary and reasonable steps to assist the affected person in terms of support and preventive action.]

21. Exhibition of Standing Orders.

A copy of these orders in English, Malayalam and if more than 20 Per cent of the total speak any other language in that language also shall be passed [29][* * *] on a notice board maintained at or near the main entrance to the establishment and shall be kept in a legible condition.

 

Annexure

(Here specify the particulars of change in the shift working proposed to be effected)