The Orissa Industrial Employment (Standing Orders)
Rules, 1946
In exercise of
the powers conferred by Section 15 read with Clause (b) of Section 2 of the
Industrial Employment (Standing Orders) Act, 1946 (XX of 1946), the Governor of
Orissa is pleased to make the following rules, the same having been previously
published as required by Subsection (1) of the said Act, namely :
(1)
These rules may be called the Orissa
Industrial Employment (Standing Orders) Rules, 1946.
(2)
They shall apply to industrial
establishments under the control of the Provincial Government.
Rule - 2.
In these rules
unless there is anything repugnant in the subject or context-
(a)
"Act" means the
Industrial Employment (Standing Orders) Act, 1946;
(b)
"Form" means a form set out
in the Schedule II appended to these rules.
Rule - 3.
The model
Standing Orders for the purposes of the Act shall be those set out in Schedule
I [and Schedule-A] 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 Subsection (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 fixed term employment
workmen.]
(7)
Number of probationers;
(8)
Number of apprentices;
(9)
Name of the trade union or trade
unions, if any, to which the workmen belong;
(10)
Remarks.
Rule - 6.
As soon as may
be after he receives an application under Rule 4 in respect of 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,
hold election of three representatives by the workmen from among themselves or
authorise any officer in working to hold such election, and thereupon shall
forward a copy of the draft Standing Orders together with a notice in Form II
to the representatives so elected.
Rule - 7.
Standing Orders
certified in pursuance of Sub-section (3) of Section 5 or Sub-section (2) of
Section 6 of the Act shall be authenticated by the signature and seal of office
of the certifying officer or the appellate authority, as the case may be, and
shall be forwarded by such officer or authority
within a week of authentication by registered letter posted to the employer and
to the trade union, or as the case may be, representatives of the workmen
elected in pursuance of Rule 6.
Rule - 7A.
(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
quadruplicate 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 modification 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 a workman, 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 a trade
union, to the employer and all other trade unions of workmen of the industrial
establishment;
(c)
where the appeal is filed by the
representatives of the workmen, to the employer and any other workmen whom the
appellate authority joins as a party to the appeal.
(4)
The 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 may have called for or consider to be relevant.]
Rule - 8.
The register
required to be maintained by Section 8 of the Act shall be in Form III 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 therefor on payment of a fee
calculated at the following rate per copy :
(i)
for the first 200 words or less, 75
paise;
(ii)
for every additional 100 words or
fraction thereof 37 paise :
Provided that
where the said 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.
Schedule I
[Model Standing Orders for Workmen]
These orders
shall come into force on.........
Rule - 2.
Classification of workmen.?
(a)
Workmen shall be classified as :
(1)
permanent;
(2)
probationers;
(3)
bodlis:
(4)
[fixed term employment;]
(5)
temporary;
(6)
casual;
(7)
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, lock-out, 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 six months' 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 own 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 who has
been engaged for work which is of an essentially temporary nature likely to be
finished within a limited period.
(f)
A "casual" workman 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.
(h)
["A fixed term employment"
workman is a workman who has been engaged on the basis of contract of
employment for a fixed period whose working hours, wages, allowances and other
benefits shall not be less than that of a permanent workman and shall be
eligible for all statutory benefits available to a permanent workman proportionately according to
the period of service rendered by him even though his period of employment does
not extend to the qualifying period of employment required in the statute.]
Rule - 3.
Tickets?
(1)
Every workman shall be given a
permanent ticket unless he is a probationer, badli, temporary 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 authorised by the manager to inspect
it.
(3)
Every badli shall be
provided with a badli card, on which shall be entered the days
on which he has worked in the establishment, and which shall be surrendered if
he obtains permanent employment.
(4)
Every temporary workman shall be
provided with a "temporary" ticket which he shall surrender on his
discharge.
(5)
Every casual 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.
Rule - 4.
Publication of working time?
The periods and hours of work
for all classes of workers in each shift shall be exhibited in English and in
the principal languages of workmen employed in the establishment on notice
boards maintained at or near the main entrance of the establishment and at the
time-keeper's office, if any.
Rule - 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 boards.
Rule - 6.
Publication of wage rates?
Notices specifying
the rates of wages payable to all classes of workman and for all classes of
work shall be displayed on the said notice boards.
Rule - 7.
Shift working?
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 transfer from one shift to another. No
shift working shall be discontinued without one month's notice being given
prior to such discontinuance ; provided that no such notice will be necessary
if, as a result of the shift, no permanent employee will be discharged. If as a
result of discontinuance of shift working, any permanent workmen are to be
discharged, they shall be discharged, having regard to the length of their
service in the establishment, those with the shortest term of service being
discharged first. If shift working is re-started, a week's notice thereof shall
be given by posting a notice at the main entrance to the establishment and the
timekeeper's office, if any ; and the workmen discharged as a result of the
discontinuance of the shift, shall, if they present themselves at the time of
the re-starting of the shift, have preference in being re-employed, having regard
to the length of their previous service under the establishment, those with the
longest term of service being re-employed first.
Rule - 7-A. Notice of change in shift working?
Any notice of
discontinuance or of re-starting of a shift working required by Standing Order 7 shall be
in the Form appended to these orders and 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 and in the manager's office:
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.]
Rule - 8.
Attendance and late coming?
All workmen
shall be at work at the establishment at the times fixed and notified under
paragraph 4. Workmen attending late will be liable to the deductions provided
for in the Payment of Wages Act, 1936 :
Provided that no
worker who attends to his work within five minutes of its commencement will be
liable to any deductions.
Rule - 9. Leave?
(1)
Holidays with pay will be allowed as
provided for in Chapter IV-A of the Factories Act, 1934 and other holidays in
accordance with law, contract, custom and usage.
(2)
A workman who desires to obtain leave
of absence shall apply to the manager, who shall issue orders on the
application within a week of its submission or two days prior to 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, leave pass shall be issued to the worker. If the leave is refused or
postponed, the fact of such refusal or postponement and the reasons therefor
shall be recorded in writing in a register to be maintained for the purpose,
and if the 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 manager in advance by the registered post who shall send
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.
(3)
If the workman remains absent beyond
the period of leave originally granted or subsequently extended, he shall lose
his lien on his appointment unless he (a) returns within 8 days of the expiry
of the leave; and (b) explains to the satisfaction of the manager his inability
to return be ore the expiry of his leave. In case the workman loses his lien on
his appointment, he shall be entitled to be kept on the badli,
list.
Rule - 10. Casual leave?
A workman may be
granted casual leave of absence with or without pay not exceeding 10 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 be foreseen. 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.
Rule - 11. Payment of wages?
(1)
Any wages, due to the workman but not
paid on usual pay day on account of their being unclaimed, shall be paid by the
employer on an unclaimed wage pay day in each week, which shall be notified on
the notice boards as aforesaid.
(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.
Rule - 12. 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, or at the office of the manager, 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 two hours after the commencement of the stoppage. If the
period of detention does not exceed one hour the workmen 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 earning 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 of resumption of normal work.
(3)
In cases where workmen are laid off for
short periods on account of failure of plant or a temporary curtailment of
production, the period of unemployment shall be treated as compulsory leave
either with or without pay, as the case may be. When, 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.
(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 such section or department
and any other section or department affected by such closing down. The fact of
such closure shall be notified by notices put on the notice board in the
section or department concerned and in the time-keeper's office, if any, as
soon as practicable. The workmen concerned shall also be notified by a general
notice, prior to resumption of work, as to when work will be resumed.
Rule - 13. Termination of employment?
(1)
For terminating employment of a
permanent workman, notice in writing shall be given either by the employer or
the workmen one month's notice in the case of monthly rated workmen and two
weeks' notice in the case of other workmen ; one month's or two weeks' pay, as
the case may be, may be paid in lieu of notice.
(2)
[Subject to the provisions of the
Industrial Disputes Act, 1947 (14 of 1947), no temporary workman whether
monthly-rated or weekly-rated or piece rated, and no probationer
or badli or fixed term employment workman as a result of non-renewal
of contract of employment or on its expiry, shall be entitled to any notice or
pay in lieu thereof if his services are terminated but the services of a
temporary workman shall not be terminated as a punishment unless he has been
given an opportunity of explaining the charges of misconduct alleged against
him in the manner prescribed.]
(3)
Where the employment of 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.
Rule - 14. Disciplinary action for misconduct?
(1)
A workman may be fined up to two per
cent of his wages in a month for any of the following acts and omission, namely
:
Note - Specify the acts and omissions which the employer may notify
with the previous approval of the Provincial Government of the prescribed
authority in pursuance 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)
wilful 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)
wilful damage to or loss of employer's
goods or property;
(d)
taking or giving bribes or any illegal
gratification;
(e)
habitual absence without leave or
absence without leave tor more than 10 days;
(f)
habitual late attendance;
(g)
habitual breach of and law applicable
to the establishment;
(h)
riotous or disorderly behaviour during
working hours of the establishment or any act subversive of discipline;
(i)
habitual negligence or neglect of work;
(j)
frequent repetition of any act or
omission for which a fine may be imposed to a maximum of 2 per cent of the
wages in a month; and
(k)
striking work or inciting others to
strike work in contravention of the provisions of any law, or rule having the
force of law.
(4)
(a) Where a disciplinary proceeding
against workman is contemplated or is pending or when criminal proceedings
against him in respect of any employer is satisfied that it is necessary or
desirable to place the workman under suspension, he may, by order in writing,
suspend him with effect from such date setting out in detail the reasons for
such suspension and a copy shall be supplied to the workman, within a week from
the date of suspension.
(b) A workman who is placed under suspension under Clause (a) shall,
during the period of suspension, be paid a subsistence allowance at the
following rates, namely :
(i)
where the enquiry contemplated or
pending is departmental, the subsistence allowance shall, for the first ninety
days from the date of suspension be equal to one half of the basic wages,
dearness allowance and other compensatory allowances to which the workman would
have been entitled if he was on leave with wages. If the departmental enquiry
gets prolonged and the working continues to be under suspension for a period
exceeding ninety days, the subsistence allowance shall, for such period, be
equal to three-fourths of such basic wages, dearness allowance and other
compensatory allowances :
Provided that
where such enquiry is prolonged beyond a period of ninety days for reasons
directly attributable to the workman, the subsistence allowance shall, for the
period exceeding ninety days, be reduced to one-forth of such basic wages,
dearness allowance and other compensatory allowances;
(ii)
where the enquiry is by an outside
agency or, as the case may be, where criminal proceedings against the workman
are under investigation or trial, the subsistence allowance shall, for the
first one hundred and eighty days from the date of suspension be equal to one
half of his basic wages, dearness allowance and other compensatory allowances
to which the workman would have been entitled to if he were on leave. If such
enquiry or criminal proceedings gets prolonged and the workman continues to be
under suspension for a period exceeding one hundred and eighty days, the
subsistence allowance shall for such period be equal to three-fourths of such
wages :
Provided that
where such enquiry or criminal proceeding is prolonged beyond a period of one
hundred and eighty days for reasons directly attributable to the workman, the
subsistence allowance shall, for the period exceeding one hundred and eighty
days, be reduced to one-fourth of such wages.
(iii)
If on the conclusion of the inquiry 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 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 investigation or trial 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 provisions of Clause (2) of Article
311 of the Constitution apply, the provisions of that Article shall be complied
with.
(iv)
If on the conclusion of the inquiry, or
as the case may be, 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.
(v)
The payment of subsistence allowance
under this standing order shall be subject to the workman concerned not taking
up any employment during the period of suspension.
(5)
In awarding punishment under the
standing order, the manager shall take into account the gravity of the
misconduct, the previous, record, if any, of the workman and any other
extenuating or aggravating circumstances that may exist. A copy of the order passed
by the manager shall be supplied to the workman concerned.
Rule - 15. 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.
Rule - 16. Certificate on termination of service?
Every permanent
workman shall be entitled to a service certificate at the time of his
dismissal, discharge or retirement from service.
Rule - 17. Liability of manager?
The manager of
the establishment shall personally be held responsible for the proper and
faithful observance of the standing orders.
Rule - 18. Exhibition of standing orders?
A copy of these
orders in English and in shall be posted at the manager's office and on a
notice board maintained at or near the main entrance to the establishment and
shall be kept in a legible condition.
Form
[See Standing Order 7-A]
Notice of discontinuance/re-starting of a shift working given by an
employer.......
Name of
employer............
Address...........
Dated the day
of...........20.......
In accordance
with Standing Order No...........of the Standing Orders certified and approved
in respect of my/our industrial establishment I/we hereby give notice to all
concerned that it is my/our intention to discontinue/re-start the shift working
specified in the Annexure, with effect from.....
Signature
Designation
Annexure
(Here specify
the particulars of change in the shift working proposed to be effected).
Schedule I-A
Model Standing Orders for Working Journalists
Commencement-
These orders
shall come into force on...........
Rule - 2.
Classification of working journalists?
Working
journalists shall be classified as :
1.
Apprentices;
2.
Part-time;
3.
Permanent;
4.
Probationers;
5.
Temporary.
Rule - 3.
Definitions?
In these
Standing Orders-
(a)
an "apprentice working
journalist" means a learner who is either paid or not paid any allowance
during the period of his training, which shall not exceed one year;
(b)
a "part-time working
journalist" means a working journalist who is employed to do work as
a working journalist for less than the normal period of working hours of a
newspaper establishment;
(c)
a "permanent working
journalist" means a working journalist who has been engaged on a
permanent basis or whose appointment has been confirmed in writing by the
manager or any other officer authorized by the manager in that behalf and includes
any person who has completed to the satisfaction of the manager, a probationary
period of six months in aggregate or such extended time as may be given to him
by the manager to show improvement, in the same newspaper establishment,
including breaks due to sickness, accident, leave, lock-out, strike (not being
an illegal strike) or involuntary closure of the newspaper establishment ;
(d)
a "probationer" means
a working journalist who is provisionally employed to fill a permanent vacancy
or a post and who has not completed six months of service in aggregate or such
extended period, not exceeding six months, as the manager, in consultation with
the editor, may fix with a view to giving him a change to show improvement, in
the same newspaper establishment :
Provided that
where a permanent working journalist who is employed as a probationer in a post
different from his substantive post is, at any time during the probationary
period, reverted to his old permanent post by an order in writing signed by the
manager, he shall cease to be a probationer in that new post ;
Explanation -
The expression "probationary period" shall, for the purposes of the
proviso include breaks due to sickness, accident, leave, lock-out, strike (not
being an illegal strike) or involuntary closure of the establishment;
(e)
a temporary working journalist"
means a working Journalist who has been engaged for work which is of an
essentially temporary nature likely to be finished within a limited period and
who is engaged strictly on that understanding in writing.
Rule - 4.
Appointment letter?
Every working
journalist shall be given an appointment letter at the time of his appointment.
On a working journalist being promoted he shall be given a letter setting out
the terms of the post to which he has been promoted.
Rule - 5.
Leave record?
Every newspaper
establishment shall maintain a book which shall show the amount of leave
earned, the amount of leave taken and the amount of leave due to each working
journalist. The leave record may be seen by the working journalist concerned
when necessary.
Rule - 6.
Attendance register?
Every newspaper
establishment shall maintain a daily attendance register which shall be signed
by each working journalist in the manner indicated in the Standing Order No.
10.
Rule - 7.
Service register?
Every newspaper
establishment shall maintain a Service Register in respect of each working
journalist and enter therein the nature of his appointment, his name and
address, the date of his first appointment, the rate of his wages, the amount
of increment earned, whether the increments have been withheld and if so the
reasons for withholding increments, punishments, if any, awarded with reasons,
number of warnings, if any issued, number of times censured, and such other
matters as may be prescribed by the management.
Rule - 8.
Publication of working time?
The
periods/hours of work and the place of work for all classes of working
journalist shall be exhibited in English, in Hindi and in the regional language
on the notice boards (hereinafter referred to as the said notice boards)
maintained at the newspaper establishment.
Rule - 9. Publication of holidays and pay days?
Notices
specifying-?????
(a)
the days which shall be observed by the
newspaper establishment as holidays (including weekly holidays); and
(b)
payday, shall be posted on the said
notice boards.
Rule - 10. Attendance and late coming?
(1)
All working journalists shall be at
work at the place and time published under Standing Order No. 8.
(2)
All working journalists shall sign
everyday the attendance register and shall state therein time of their arrival
at, and departure from, the newspaper establishments. If any working journalist
comes late by over ten minutes on three consecutive days in a week, the
employer may deduct one day's casual leave from the working journalist's casual
leave account:
Provided that
any working journalist may with the permission of the Head of Department or the
Editor or any other authority appointed for this purpose, absent himself from
his proper place of duty during his working hours. No late attendance shall be
permitted after recess or rest interval.
Rule - 11. Payment of wages?
(1)
All working journalists shall be paid
wages on a working day before the expiry of the seventh day after the last day
of the wage period (which shall not exceed one month) in respect of which the
wages are payable.
(2)
Any wages due to the working
journalists but not paid on the usual pay day on account of their being
unclaimed shall be paid by the employer on an unclaimed wage pay day in each
week, which shall be notified on the said notice boards as aforesaid.
Rule - 12. Stoppage of work?
The Manager may,
at any time, in the event of fire, catastrophe, breakdown of machinery or
stoppage of power supply, epidemic, civil commotion or any cause beyond his
control, close down any department or departments or a section or sections of a
department or departments of the newspaper establishment wholly or partially
(or the whole or part of the newspaper establishment for any period or periods
in accordance with the law for the time being in force. Wherever practicable,
reasonable notice shall be given of the resumption of the normal work by the
department or section of the newspaper establishment concerned.
Rule - 13. Termination of employment?
(1)
The services of a working journalist
shall not be terminated as a punishment unless the procedure laid down in the
Standing Order No. 15 has been followed.
(2)
An order relating to termination of
service of a working journalist shall be in writing and it shall be signed by
the appointing authority or by an official of the newspaper establishment
authorised in this behalf by the appointing authority. The reasons for the
termination of the services shall be given in the order, a copy of which shall
be supplied to working journalist concerned.
(3)
Where the employment of any working
journalist is terminated, the wages earned by him and the other dues, if any,
should be paid to him before the expiry of a fortnight in the case of wages,
and six weeks in the case of other dues, from the day on which his employment
is terminated.
Rule - 14. Act of misconduct?
Any of the
following acts or omissions on the part of a working journalist shall amount to
misconduct, namely :
(a)
wilful insubordination or disobedience
whether alone or in combination with others to any lawful and reasonable order
of a superior;
(b)
striking work or inciting others to
strike work in contravention of the provisions of any law, rule having the
force of law, or deliberate showing down in performance;
(c)
theft, fraud or dishonesty in
connection with the employer's business or property;
(d)
taking or giving bribe or any other
illegal gratification;
(e)
habitual absence from duty without
leave or absence from duty without leave for more than ten consecutive days or
overstaying the sanctioned leave without sufficient grounds or proper
satisfactory explanation;
(f)
habitual late attendance;
(g)
habitual breach of any Standing Order
or any Act applicable to the establishment or any rules made under such Act;
(h)
riotous or disorderly behaviour during
working hours at the newspaper' establishment or any act subversive of
discipline;
(i)
habitual negligence or neglect of work;
(j)
habitual breach of any rules or
instructions issued for the maintenance and running of any department with
which he is concerned ;
(k)
wilful damage to work in process or to
any property of the newspaper establishment;
(l)
refusal to accept a charge-sheet, order
or other communication served in accordance with those standing orders.
Rule - 15. Disciplinary action against a working journalist?
(1)
The following penalties may be imposed
on a working journalist by an authority or authorities to be nominated by the
newspaper establishment in this behalf, for proved or gross inefficiency or
gross negligence or any misconduct specified in Standing Order No. 14, namely ;
(a)
Warning;
(b)
censure;
(c)
suspension not exceeding ten days;
(d)
withholding of increments;
(e)
withholding of promotion;
(f)
demotion (reduction to a lower rank) ;
and
(g)
termination of service :
Provided that
the penalty of termination of service shall not be imposed on any working
journalist other than the editor except after consultation with the editor or
the head of the section concerned.
(2)
No disciplinary action shall be taken
against any working journalist unless he has been given a copy of the charge
levelled against him and unless he has been given opportunity of showing cause
and of defending himself either personally or through a co-worker of his choice
or through an official of a trade union of working journalists of which he is a
member as to why the proposed penalty should not be imposed on him. The working
journalist concerned shall have the right to be heard in person and to examine
witnesses and to produce evidence.
(3)
No penalty shall be imposed on a
working journalist unless he is informed in writing of the reasons for awarding
the proposed penalty and is given a reasonable opportunity of showing cause,
either himself personally or through a co-worker of his choice or through an official
of a trade union of working journalists of which he is a member as to why the
proposed penalty should not be imposed on him.
(4)
(a) A working journalist may be
suspended by the appointing authority or by any person authorised by him in
this behalf, during the period of an enquiry against the working journalist ;
provided that the working journalist shall be paid during such period of
suspension, a subsistence allowance which shall not be less than one-half of
the wage which had been last drawn by him while on duty.
Explanation -
For the purposes of this Standing Order, "wage" means as defined in
the Industrial Disputes Act, 1947.
(b) An order of suspension shall be in writing and may take effect
immediately on delivery thereof to the working journalist.
(c) If a working journalist refuses to accept a charge-sheet, order or
other communication served in accordance with these Standing Orders, provided
that he has been asked to accept the charge-sheet in the presence of at least
two witnesses, he shall be told verbally the time and place at which enquiry
into his alleged misconduct is to be held and if he refuses or fails to attend
at that time, the enquiry shall be conducted ex parte and the
punishment awarded shall take account of misconduct under Standing
Order No. 14 thus committed :
Provided that
the service of charge-sheet and intimation of time and place of enquiry shall
also be made to the working journalist concerned by registered post with
acknowledgement due.
(d) If on enquiry the charges against the working journalist, who was
under suspension during the period of the enquiry, are not proved, he shall be
deemed to have been on duty during the period of suspension and shall be
entitled to receive the wages and other allowances which he would have
received, if he had not been suspended.
(5)
In awarding a penalty under these
Standing Orders, the authority shall take into account the gravity of
offence, the previous record, if any, of the working journalist and any other extenuating or
aggravating circumstances that may exist. A copy of the order passed by the
punishing authority as well as the remarks made by the editor, if any, shall be
supplied to the working journalist concerned.
Rule - 16. Complaints?
Any working
journalist desirous of getting redress in respect of any grievances arising out
of his employment or relating to unfair treatment or wrongful exaction on the
part of the superior shall submit a complaint in writing to the manager or any
officer appointed in this behalf. An appeal against the order of the manager
shall lie to the employer in cases where the manager is not the employer.
Rule - 17. Certificate of termination of service?
Every working
journalist shall be entitled to a service certificate at the time of his
termination of service.
Rule - 18. Liability of manager?
The manager of
the newspaper establishment shall be personally held responsible for the proper
and faithful observance of the Standing Orders ; provided that where the
manager is overruled by his superior, the latter shall be held responsible for
the decision taken.
Rule - 19. Supply of standing orders?
Every working
journalist shall be supplied free of cost with a copy of the certified Standing
Orders applicable to him at the time of his employment or as soon as possible
after the date they come into operation but in any case not later than three
months from such date.
Schedule II
Form I
[Industrial Employment (Standing Orders) Act, 1946-Section 3]
Dated
20............
To
The Certifying Officer,
Government of Orissa.
Under the
provisions of Section 3 of the Industrial Employment (Standing Orders) Act,
1946, I enclose five copies of the draft standing orders proposed by me for
adoption in (name) place (postal address) an industrial establishment
owned/controlled by me, with the request that these orders may be certified
under the terms of the Act, I also enclose a statement giving the particulars
prescribed in Rule 5 of the Orissa Industrial Employment (Standing Orders)
Rules, 1946.
I am, etc.,
(Signature)
Employer/Manager
Form II
[Notice under Section 5 of the Industrial Employment (Standing Orders)
Act, 1946]
Office of the
Certifying Officer
Place ........................................
Dated the
20...........
I ............ Certifying
Officer, forward herewith a copy of the draft standing orders proposed by the
employer for adoption in the industrial establishment and submitted to me for
certification under the Industrial Employment (Standing Orders) Act, 1946. Any
objections which the workmen may desire to make to the draft standing orders
should be submitted to me within fifteen days from the receipt of the notice.
Certifying
Officer
Seal
To
|
The Secretary,
Representative elected
under Rule 6
|
}
|
Union
Name
Occupation
Industrial establishment
|
Form III
[Industrial Employment (Standing Orders) Act, 1946-Section 8]
Part-I
Register
Industrial Establishment..............
|
Serial No.
|
Date of despatch of the copy of
Standing Orders authenticated under Section 5 of the first time
|
Date of filing appeal
|
Date and nature of decision
|
Amendments made on appeal, if any
|
Date of the despatch of the copy of
the Standing Orders as settled on appeal
|
Anu notice subsequently given or
received of any amendment
|
Result
|
|
|
|
|
|
|
|
|
Part-II
(should contain the authenticated copy of the Standing Orders)
Appendix-A
Notifications
Government of Orissa, Labour, Employment and Housing Department
Notification No. 111/1-3/69-1437/LEH, dated 12-3-1970 ?
In exercise of
the powers conferred by Clause 2 (c) of Section 2 of the Industrial Employment
(Standing Orders) Act, 1946 (20 of 1946) the State Government do hereby appoint
the Deputy Labour Commissioner, Rourkela to perform all the functions of a
certifying officer in respect of the industrial establishments in the districts
of Keonjhar, Mayurbhanj, and Sundergarh under the said Act.
Secretary to
Government
Government of
Orissa, Labour Department
Notification No. 111/1-1/64-9498/Lab., dated 1-9-1964 ?
In exercise of
the powers conferred by Clause (c) of Section 2 of the Industrial Employment
(Standing Orders) Act, 1946 (20 of 1946) the State Government do hereby appoint
the Deputy Labour Commissioner, Orissa to perform all the functions of a
Certifying Officer under the said Act.
Additional
Secretary to Government
Government of
Orissa, Labour Department
Notification No. 3480 Lab., IF-6/54, dated 24-6-1954 ?
In partial
modification of the Notification of the Government of Orissa in the late
Commerce and Labour Department No. 9434 Corn., dated the 18th December, 1946
and in pursuance of Clause (a) of Section 2 of the Industrial Employment
(Standing Orders) Act, 1946 (20 of 1946) the Governor of Orissa is pleased to
appoint all the District and Sessions Judges of the State to exercise the
functions of the appellate authority under the said Act within their respective
jurisdictions.
Deputy Secretary
to Government
Government of
Orissa, Commerce and Labour Department
Notification No. 1814 Com., dated 21-4-1948 ?
In exercise of
the powers conferred by Section 14 of the Industrial Employment Standing
Orders) Act, 1946 (20 of 1946) the Governor of Orissa is pleased to direct that
all industrial establishments in the Province of Orissa under the control of
the Provincial Government shall be exempted unconditionally from all the
provisions of the said Act.
Secretary to
Government
Government of
Orissa, Labour Department
Notification No. 11-S 14/63 Lab., dated 9-10-1963 ?
In exercise of
the powers conferred by Section 492 of the Code of Criminal Procedure, 1898 (5
of 1898) the State Government hereby appoint all Labour Inspectors (Central) to
be Public Prosecutors within their respective jurisdiction in Orissa for all
cases under the Industrial Disputes Act, 1947, the Industrial Employment
(Standing Orders) Act, 1946 the Payment of Wages Act, 1936, the Minimum Wages
Act, 1948, the Employment of Children Act, 1938 and the Coal Mines Provident
Fund and Bonus Schemes Act, 1948 in relation to matters in respect of which the
Central Government is the appropriate Government under the Acts aforesaid.
Joint Secretary
to Government
Government of
Orissa, Labour Department
Notification No. IF, 17/63/11655 Lab., dated 19-10-1968 ?
In exercise of
the powers conferred by Clause (a) of Section 3 of the Industrial Employment
(Standing Orders) Act, 1946 (20 of 1946) the State Government do hereby appoint
the Presiding Officer, Labour Court constituted in the Notification of the
Government of Orissa in the Labour Department No. 2138 Lab., dated the 2nd
April, 1957 to exercise the functions of the appellate authority under the said
Act throughout the State of Orissa.
The
Notifications of the Government of Orissa in the Labour Department No. 3480
Lab., dated the 24th June, 1954 and in the defunct Commerce and Labour
Department No. 9434 Com., dated the 18th December, 1946 are hereby cancelled.
Joint Secretary
to Government
Government of
Orissa, Labour Department
Notification No. IF,.83/58-8575/Lab., dated 28-11-1958 ?
In pursuance of
Section 13-A of the Industrial Employment (Standing Orders) Act, 1946 (20 of
1946) the State Government do hereby specify the Labour Court constituted under
the Industrial Disputes Act, 1947 in the notification of the Government of Orissa
in the Labour Department No. 2138-Lab., dated the 2nd April, 1957 for disposal
of proceedings under the aforesaid section of the said Act.
Deputy Secretary
to Government