In exercise of the
powers under clause (b) of sub-section (2) of Section 15 of the Industrial
Employment (Standing Orders) Act, 1946 (Act No. XX of 1946) read with Section
21 of the General Clauses Act, 1897 (Act No. X of 1897) and in supersessions of
Government Notification No. 2203(L)/XVIII-408(L)-45, dated May 14, 1947, the
Governor after considering all the objections and suggestions received in
respect of the draft Model Standing Orders published vide Notification No.
3422/XXXVI-35(O.S.)-85, dated December 20, 1991, is pleased to set out the
following Model Standing Orders : MODEL STANDING ORDERS (1)
These
Orders may be called the Uttar Pradesh Industrial Employment Model Standing
Orders, 1991. (2)
They
shall come into force with effect from the date of their publication in the
Gazette. In these Orders 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 appended to these Orders; (c)
"Muster
Roll" means the Attendance Register or registers maintained in the
industrial establishment as a record of the daily attendance of the workmen
employed therein, such as, that maintained in factories under the provisions of
the Factories Act, 1948, for the time being in force; (d)
"Night
Shift" means a shift starting at 10 p.m. and ending at 6 a.m. on the next
following day; (e)
"Notice"
means a notice in writing required to be given or posted for the purposes of
these Standing Orders; (f)
"Notice
Board" means the Notice Board specially maintained in a conspicuous place
at or near the main entrance to the industrial establishment for the purposes
of displaying notices required to be posted or affixed under the provisions of
these Standing Orders; (g)
"Probationary
period" means a period of six months which may be extended for a further
period of six months; (h)
"Rules"
means the Industrial Employment (Standing Orders) Rules, 1946; (i)
"Substitute
Register" means the register or muster roll of substitutes which shall be
maintained for the purposes of these Standing Orders; (j)
"Superior"
means any person who by the nature of his allocated duties exercises authority,
supervision or control over a workmen within the premises of the industrial
establishment. Workmen shall be classified as follows: (a)
"Permanent
Workman".A permanent workman is a workman who has been engaged on a
permanent basis and includes a person who has satisfactorily completed his
probationary period in the same or another occupation in an industrial
establishment. (b)
"Probationer".A
probationer is a workman who is provisionally employed to fill a permanent
vacancy and has not satisfactorily completed his probationary period in that
occupation. A permanent workman employed as a probationer
in a new occupation may, at any time during his probationary period, be
reverted to his old permanent post by an order, in writing, signed by the
employer and such a probationer may also, at any time during this said probationary
period, seek reversion to his old permanent post by making an application
therefor in writing. A probationer shall retain his lien and seniority in his
old permanent post as long as he is not made permanent in his new occupation. Seven days before the date of expiry of
probationary period the workman shall be informed in writing that he has been
confirmed or his probationary period has been extended further. In case no
order has been communicated to the workman in writing either confirming the workman
or extending the period of probation or terminating the services for
unsatisfactory performance, the workman shall be deemed to have been confirmed
on the post with effect from the date the probationary period expired. (c)
"Substitute
Workman".A substitute workman is a workman who is employed on the post of
permanent workman, or a probationer, who is temporarily absent on leave or
otherwise. (d)
Temporary
Workman".A temporary workman is a workman who is engaged for a work which
is essentially of a temporary or casual character likely to be finished within
one year or who is engaged temporarily in connection with a temporary increase
in a work of permanent nature for a limited period not exceeding six months: Provided that a workman who is regularly
engaged on term appointment basis with artificial breaks although work exists,
would not be deemed to be a temporary workman and would be entitled to be made
permanent even if he serves for less than 240 days in a calendar year. (e)
''Apprentice".An
Apprentice is a workman who has been engaged in an industrial establishment
under the provisions of Apprentices Act, 1961. (1)
Every
workman, on enrolment, shall sign the prescribed Form. Every workman shall
apply for enrolment in Form A-I appended to these orders, and on enrolment
shall sign a declaration in Form A-II. At the time of taking appointment every
workman shall be given an appointment letter in Form A-III. (2)
The
name of every workman shall be entered on the muster roll, without exception. (3)
In
the muster roll the classification of every workman to which he belongs, shall
be clearly indicated against his name. (4)
Cards
and tickets. (a)
Every
permanent workman shall also be provided with a departmental ticket in FormB showing
his number who shall, not being required to do so, show it to any person
authorised by the manager to inspect it. (b)
Every
probationer shall be provided with a probationer card in FormC which shall be
surrendered on his obtaining permanent employment. (c)
Every
substitute workman shall be provided with a substitute card in FormD, which
shall be surrendered on his obtaining permanent employment. (d)
Every
temporary workman shall be provided with a temporary ticket in FormE which he
shall surrender on his being discharged. (e)
Every
apprentice shall be provided with an apprentice card in FormF which shall be
surrendered on his obtaining permanent employment. (f)
If
a workman loses or at the time of cessation of his employment fails to deliver
up his ticket or card or if he has become undecipherable for any reason, he
shall be liable to pay sum of Re. 1.00 as the cost of the ticket or card. Explanation. For saving cost of stationery
for printing of these cards only one card may be got printed indicating
different capacities a workman has been engaged and the employer shall tick and
initial relevant entry on the card. Notices specifying (a) the days on which the
industrial establishment will be closed and (b) the day on which wages will be
paid, shall be posted in accordance with the provisions of the Payment of Wages
Act, 1936 for the time being in force. (1)
In
accordance with the provisions of the Payment of Wages Act, 1936 and the Rules
made thereunder for the time being in force, a notice in the specified form in
English, Hindi or Urdu shall be displayed in a conspicuous place at or near the
entrance to each department or group of departments specifying the rates of
wages payable to each category or class of workmen. (2)
No
alteration in the rates of wages so notified shall be made without giving
twenty-one days notice by means of a notice specifying the proposed alteration,
posted in a conspicuous place at the entrance of the department to which the
alteration relates and by sending copies thereof to the Regional,
Additional/Deputy Labour Commissioner and the registered Trade Union, if any. The periods and hours of work for all
categories or classes of workmen in each shift shall be exhibited in Hindi on
the Notice Board and at time keepers office, if any. (1)
Shift
shall be regulated in accordance with the provisions of the Factories Act, 1948
for the time being in force, in industrial establishments which are amenable to
that Act. More than one shift may work in a department or departments or any
section of a department at the discretion of the employer. If however, there
are collective agreements or awards for regulating shift working, they shall be
adhered to, in so far as they are not inconsistent with the Factories Act, 1948
in the case of industrial establishments' to which that Act is applicable. (2)
The
timings of the shifts shall be fixed in consultation with the
Regional/Additional Deputy Labour Commissioner and no change in the timings
shall be made without giving a twenty one days, notice subject to the
provisions of the Factories Act, 1948 in the industrial establishments to which
that Act is applicable. (3)
Shift
may be altered at the discretion of the employer. (4)
Shift
working will be so arranged that no workman is employed in the night shift for
more than a fortnight at a time, after which he must be transferred to the day
shift for a period not less than the period for which he had worked in the
night shift: Provided that in the case of factories
covered by the Factories Act, 1948 if three eight-hours shifts are worked the
changes of the shifts shall be in rotation in accordance with the Factories
Act, 1948 : Provided further that shift working may be
discontinued after posting a notice on the notice board, for twenty-one days. (5)
If,
as the result of the discontinuance of any shift, any permanent workman is
likely to be discharged, he shall be discharged keeping in view the provisions
of U.P. Industrial Disputes Act, 1947 as amended from time to time. (6)
If
the shift other than a "Temporary" shift is restarted, seven days
notice thereof shall be given by posting a notice on the notice board and the
workman, if he presents himself at least 24 hours before the time of restarting
the shift, shall have preference in being re-employed, having regard to his
previous length of service in his category in the industrial establishment and
the person with the longest length of service shall be re-employed first. (1)
Every
workman shall be at work at the fixed time notified by a notice posted on the
notice board. Any workman attending late shall be liable to be shut out and be
treated as absent: Provided that no workman shall be shut out
who attends within 15 minutes of the starting time. (2)
Any
workman, who after presenting his ticket or card if found absent from his place
of work during working hours without permission or without any sufficient
reasons, shall be liable to be treated as absent for the period of his absence.
If however, he is so absent from the premises of the industrial establishment
during working hours without written 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 commences after the
recess period. (3)
If
the workman is so absent from the premises of that industrial establishment
with the written permission of the head of the department, his wages for the
period of absence only shall be liable to be deducted. (4)
The
deductions from wages to be made for the period of absence under these Standing
Orders shall be made in accordance with the provisions of Payment of Wages Act,
1936. (1)
All
workmen of an industrial establishment shall be entitled to the following leave
and holidays with wages during a calendar year: (a)
Annual
leave with wages as provided under the relevant law dealing with the working
condtitions applicable to the industrial establishment and in cases where there
is no provision in the regard, the workman of that industrial establishment
shall be entitled to fifteen days annual leave, with wages, for every year of
service rendered. (b)
Five
days casual leave with full wages, but the grant of such casual leave shall
depend on the exigencies of work and shall be at the discretion of the manager.
It may be refused only for reasons to be recorded in writing and the refusal
shall be communicated to the workman concerned before the commencement of the
leave applied for. (c)
Ten
days sickness leave with full wages, if the workman is not entitled to the
sickness leave benefit under the Employees State Insurance Act, 1948 (Act No.
XXXIV of 1948) and the Scheme framed thereunder. (d)
Eight
festival holidays with full wages including three national holidays namely,
Republic Day, Independence Day and Gandhi Jayanti: Provided that where sickness leave is
available to workman of industrial establishment under the provisions of
Employees State Insurance Act, 1948, more festival holidays than the eight
aforesaid may be allowed in consultation with the workman or their union, if
any. The festival holidays to be observed in the industrial establishment may
be revised every calendar year in consultation with the Union or as the case
may be, with body of workman, and the list of approved holidays shall be posted
on the Notice Board in January every calendar year, its copy be sent to
Additional Labour Commissioner/Deputy Labour Commissioner. (1)
Any
workman who desires to obtain leave shall apply to the officer appointed for
the purpose by the industrial establishment, whose name shall be duly notified
by a notice on the notice board. (2)
Application
for leave required on medical grounds on owing to death or serious illness of
any member in the workman's family or for any other urgent domestic need, the
application for leave may be made on the same day. (3)
Application
for leave up to three days shall be made at least twenty four hours before the
day from which the leave is required: Provided that when the leave is required on
medical grounds or owing to death or serious illness of any member of the
workman's family or any other urgent domestic need the application for leave
may be made on the same day. (4)
Where
Employees State Insurance Act, 1948 is not applicable to an industrial
establishment, a certificate signed by a registered medical practitioner or by
a registered Vaidya or Hakim shall be accepted as proof of "medical
grounds" advanced by a workman. Where medical leave is applied for a
period not exceeding two days, such medical certificate shall not be necessary.
Where, however Employees State Insurance Act, 1948 is applicable certificate
from Medical Officer, of Employees State Insurance Dispensary or Hospital shall
alone be admissible for sanction of medical leave, if due to the workman. A
workman falling sick out side the city may send certificate signed by only
registered medical practitioner. (5)
Orders,
in writing, either refusing or sanctioning the leave applied for a period of
more than 3 days shall be passed by the officer appointed for this purpose on
the application for leave immediately. (6)
If
the leave applied for is granted, a leave pass duly signed by the officer
authorised in this behalf shall be issued to the workman in Form "H"
which shall be retained by the workman. (7)
A
record shall be maintained of all the leave which is sanctioned as provided in
law relating to working conditions applicable in the industrial establishment. (8)
In
the event of a workman applying for an extension of leave, he shall make an
application in writing to the employer before the period of the originally
sanctioned leave expires and the employer shall, immediately on receipt of such
application, inform the workman in writing at the address given by him whether
the extension of leave applied for has been sanctioned or not and, if sanctioned,
for what period. (9)
A
registered receipt issued by the post office shall be deemed to be sufficient
proof of a reply having been sent: Provided that the application for the
extension of leave shall be made by the workman in sufficient time by a telegram
or registered post. An application for extension of leave on medical grounds or
on death of a member of his family or any other reason of extreme urgency shall
not be refused. (10)
In
the event of a workman remaining absent in excess of the period of lease granted
or extended he shall lose his lien on his post unless he returns within 15 days
of the expiry of the period of leave sanctioned and gives explanation to the
satisfaction of the employer for not having returned immediately after the
expiry of the period of leave: Provided that no lien shall be lost under the
foregoing provisions unless the employer has given a show cause notice of
fourteen days counted from the date of the receipt of the notice and a copy of
the same is sent to the Additional Labour Commissioner or Deputy Labour
Commissioner of the region concerned, or where there is no Additional Labour
Commissioner or Deputy Labour Commissioner to the next higher authority. (11)
For
late attendance on three occasions in a calendar month a workman shall lose one
day's casual leave. Explanation."Family" for purposes
of this clause shall include the workmans wife or husband, sons, daughter,
father, mother, real brothers or sisters, sons-in-law or daughters-in-law only. A workman remaining absent without leave for
a period exceeding eight days at a stretch, without sufficient reason, shall be
deemed to have abandoned the employment, and shall be entitled to be retained
in the list of substitutes, if he has not voluntarily cleared his dues from the
employer. (1)
Promotions
to workmen shall be granted without discrimination and with due regard to
seniority and suitability for the post. (2)
The
employer shall notify to the Regional Additional/Deputy Labour Commissioner of
the area concerned, on or before the 31st day of January every year the number
of permanent posts, in the industrial establishment, and the number of workman
who are probationers against permanent posts, substitutes, temporary hands and
apprentices, category-wise employed on the first day of January of that year. (3)
Out
of the total strength of an establishment 80 per cent of the posts shall be
permanent. (4)
The
employer shall fill at least 80 per cent of the permanent vacancies not
reserved for probationers out of substitutes on seniority-cum-category basis,
within six months from the date of the post falling vacant: Provided that the employer shall not, except
in special exigencies such as harvesting, marriage or festival seasons the
total period of which does not exceed 45 days in a calendar year, engage
substitutes and temporary workman. Substitutes in a calendar year shall not
exceed maximum percentage of absenteeism. (5)
While
filling regular vacancies/posts in an establishment, the temporary workmen of
the establishment shall also be considered. (6)
If
an establishment has its units out of the State, no workman shall be
transferred out of the State without his prior consent. (7)
In
the event of closure of an unit or sections and departments thereof, the
workmen so affected will be discharged with such benefits as are admissible to
them under law for the time being in force. Such displaced workmen shall have a
right to be taken back in service in the order of seniority by the employer in
case the unit, section or department as the case may be, starts functioning,
either under old name or ownership or otherwise. (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 any working day before the
expiry of the second working day after the day on which a demand is made by the
workman or on his behalf by his legal representative, in accordance with the
provisions of Payment of Wages Act, 1936 applicable to the industrial
establishment. If the workmen is unable to present himself, the employer shall
send his pay by money order at his cost if so requested by him. (2)
Any
wages due to a deceased workman shall be paid to his nominee under the labour
laws applicable to the industrial establishment, or to his heir in the absence
of a nomination before the expiry of the third working day on which a
substantiated claim is presented by his nominee, or heir or on his behalf by a
legal representative. (3)
A
workman may nominate a person or persons in writing witnessed by two persons
for payment of his wages and other dues, not provided for by any other law, for
the time being in force, for payment, in case of his death, the nomination will
be in Form I. No workman shall enter or leave the premises
of an industrial establishment except through the gate or gates appointed for
the purpose. A workman who is off his duty or on leave or
has been laid off or suspended or retrenched or terminated or dismissed or
relieved after acceptance of his resignation or declared by a competent medical
practioner to be suffering from a contagious or infectious disease, shall
immediately leave the premises of the establishment. Every workman shall be liable to be searched
at the time of entering and leaving the premises of the industrial
establishment by a person of the same sex authorised by the manager in this
behalf and if he so desired in the presence of a co-workman of his choice, if
readily available. (1)
For
termination of the services of a workman, notice in writing of at least 30 days
shall be necessary. If the notice falls short of that period, wages in lieu of
such period shall have to be paid: Provided that if termination amounts to
retrenchment under any law, for the time being in force, other legal
requirement shall have to be complied with. (2)
A
"Probationer", "Substitute", "Temporary" or
"Apprentice" workman may leave the employment without notice. The
wages due to a "Probationer", "Substitute",
"Temporary" or "Apprentice" workman who has left the
employment of the industrial establishment shall be paid within two days of a
demand being made. Every workman, at the time of his resignation
from service, dismissal or termination shall be given a service certificate in
Form "J". (1)
The
following acts or omissions will be treated as major misconduct: (a)
wilful
in subordination or disobedience whether singly or jointly with other workmen
of any lawful and reasonable order of a superior; (b)
striking
work either singly or with other workman without giving due notice prescribed
by law or rules or including in go slow; (c)
inciting
whist on the premises of the industrial establishment any workman to strike
work or go slow; (d)
theft,
fraud, misappropriation or dishonesty, in connection with the employer's
business or property; (e)
taking
or giving bribes or any illegal gratification whatsoever; (f)
collection
or canvassing for the collection of any money whatsoever for purposes not
authorised by the employer within the premises of the industrial establishment; (g)
drunkenness,
fighting, riotous or disorderly behaviour or conduct likely to cause breach of
peace, or conduct endangering the life or safety of any other person or any act
subversive of discipline, efficiency and any act involving moral turpitude
committed within the premises of the industrial establishment; (h)
negligence
or neglect of work repeated or not less than three occasions within six months; (i)
indiscipline
or non-observance of any rules or instructions for the maintenance and running
of any department or maintaining its cleanliness, repeated on not less than
three occasions within six months; (j)
holding
meetings inside the premises of the industrial establishment without prior
permission of the employer; (k)
threatening
or intimidating any workman within the premises of the industrial
establishment; (l)
disclosing
to any unauthorised person or persons, any information in regard to the working
or process of the industrial establishment which comes to the possession of a
worker during the course of his work; (m)
gambling
within the premises of the industrial establishment; (n)
malingering,
deliberate delaying of production of earring out of orders, gherao of any
workman, supervisor, manager or employer; (o)
damage
to work in process of any other property of the industrial establishment
including sabotage. (2)
The
following acts or omissions will be treated as minor misconduct (a)
smoking
within the premises of the industrial establishment at places where smoking is
prohibited; (b)
failure
to observe safety instructions, unauthorised removal of the guards fencing and
other safety devices installed in the premises of the industrial establishment,
including interference with the working of plant or machinery; (c)
distributing
or exhibiting inside the premises of the industrial establishment any
newspaper, handbill, pamphlet or poster without the prior permission of the
employer; (d)
refusal
to work on another machine of the same type; (e)
the
sale or canvassing for the sale of tickets, coupons, or changes in any
lotteries or raffles within the premises of the industrial establishment,
without prior permission of the employer; (f)
habitual
sleeping while on duty, thrice in a month; (g)
habitual
late attendance or absence from duty without leave or without sufficient cause
on three occasions in the one month; (h)
entering
or leaving the premises of the industrial establishment otherwise than through the
gate or gates provided for the purpose; (i)
expectorating
or otherwise committing a nuisance in the premises of the industrial
establishment. (1)
Any
workman who is adjudged by the employer to be guilty of a major misconduct
shall be liable for any of the following punishments: (a)
Withholding
of increments limited to two only; (b)
Demotion
to a lower post in the same cadre or in the lower cadre; (c) Suspension for 6
days; (c)
Dismissal. (2)
The
employer or any person authorised under the Payment of Wages Act, 1936 to award
punishment may award the following punishment for a minor misconduct (a)
Fine (b)
Warning (c)
Censure. (1)
Fine
shall be imposed only in accordance with the provisions of the Payment of Wages
Act, 1936, for the time being in force, and by the office authorised to impose
fines under the said Act. (2)
The
proceeds of all the fines realized shall be remitted to Welfare Commissioner
under U.P. Welfare Funds Act, 1965 and the rules made thereunder. (1)
Where
the employer is satisfied that a workman has committed a major misconduct, he
shall get a chargesheet prepared, which shall, as far as possible, contain the
date, time, place and the facts which constitute the misconduct. It shall also
make a brief reference to the evidence which is proposed to be adduced to prove
the charges. The workman shall be given at least seventy two hours time to
submit his explanation and also indicate whether he would like to cross examine
any or all of the witnesses proposed to be examined by the employer and whether
he would adduce any defence. The chargesheets shall be served on the workman
personally and if he refuses to receive its copy it shall be sent to him
through registered post with acknowledgement due. Every communication shall be
addressed on the last known address to the workman and if the service cannot be
effected due to non-availability of the workman, the chargesheet may be
published in a local newspaper and also in the newspaper having widest
circulation in Hindi. (2)
After
the receipt of the explanation, if any, the employer may nominate a person as
the enquiry officer and a copy of his appointment order shall be sent to the
workman. (3)
The
enquiry officer shall inform the workman of the date, time and place of the
commencement of the enquiry. He shall afford reasonable opportunity to the
workman to inspect documents which are proposed to be used against him. He
shall also give copies of the documents, unless they are the documents of which
copies cannot be prepared within reasonable time, in which case the workman
shall be allowed to inspect them. (4)
The
workman shall have a right to represent himself in enquiry procedings through
any of his co-workman or office bearer of the Union to which he belongs, and
his request in this behalf shall be accepted by the Enquiry Officer. (5)
After
the employer has examined all his witnesses, the enquiry officer shall ask the
workman to put up his defence along with witnesses if any. (6)
Every
witness may be cross-examined by the opposite party and the enquiry officer may
also put relevant questions so as so enable him to arrive at the conclusion. (7)
After
the close of evidence given by the workman in his defence the enquiry officer
shall hear the arguments of the parties and give a report in which reasons for
his conclusions regarding each charge shall be recorded. (8)
On
receipt of the report of the enquiry officer the employer shall examine the
report and the records and the evidence adduced and take a decision whether or
not the charges have been proved and if the charges, or any of the charges are
found to have been proved he shall award punishment to the workman. The award
of punishment shall be communicated to the workman along with a copy of the
enquiry report and the order passed by the employer thereon. (1)
Where
a disciplinary proceeding against a workman for a major misconduct is
contemplated or is pending or where criminal investigation or trial is under
way and the 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, not prior to the date of order, as may be specified in
the order. A statement setting out of in details also the reasons for such
suspension shall be supplied to the workman within a week from the date of the
order for suspension. (2)
Suspension
shall not usually exceed thirty days and the enquiry will be required to be
completed during this period. (3)
Only
in cases where criminal proceedings have also been initiated simultaneously,
suspension may exceed thirty days. (4)
No
attendance of the suspended employee shall be required to be recorded during
suspension period. But the suspended employee will indicate the place of
domicile during suspension, which shall not be altered without previous
permission of the employer. (5)
The
subsistence allowance shall, for the first thirty days 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 had been on leave with wages. If the
enquiry gets prolonged and the workman continues to be under suspension for a
period exceeding thirty 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 thirty days for reasons directly attributable to the
workman, the subsistence allowance shall, for the period exceeding thirty days,
continue to be paid at the rate of fifty per cent of the basic wages, dearness
allowance and other compensatory allowances. (6)
Where
simultaneously with the departmental enquiry, criminal proceeding in respect of
any offence against the workman is also under investigation or trial, the
subsistence allowance shall, for the first ninety days be equal to one half of
his basic wages, dearness allowance and other compensatory allowance to which
the workman would have been entitled had he been on leave. If such enquiry or
criminal proceeding is prolonged and the workman 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 wages and dearness allowance
and other compensatory allowances: Provided that where such enquiry or criminal
proceeding 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 continued to be paid at the rate of fifty per cent of
such wages, dearness allowance and other compensatory allowances. (7)
If
on the conclusion of the enquiry or criminal proceeding the workman is found
guilty of the charges or any of the charges framed against him and penalty or
punishment is imposed on him, he shall be deemed to have been absent from duty
during the period of suspension and shall not be entitled to any extra
remuneration for such period except the subsistence allowance already paid to
him : Provided that where the order for stoppage of
annual increment or suspension for 6 days or reduction in rank is passed, the
workman shall be deemed to have been on duty during the period of suspension
where it is applicable, and shall be entitled to the same wages, dearness
allowance and other compensatory allowances which he would have received, had
he not been placed under suspension, after deducting the Suspension allowance
paid to him for such period: Provided further that in the case of a
workman to whom the provisions of Article 311 of the Constitution apply, the
said provisions shall be complied with. (8)
If,
however, the workman, on enquiry is exonerated of the charges he shall be
entitled to the same wages, dearness allowance and compensatory allowances as
he would have received, had he not been placed under suspension, after
deducting the subsistence allowance paid to him for such period. The employer shall set up Grievance
Settlement Authorities for redressal of day-to-day grievances of the workmen of
the industrial establishment, as required under law relating to settlement of
disputes, applicable on the industrial establishment, for the time being in
force. (1)
Every
workman shall be given an attendance-cum-wage slip in Form 'K'. (2)
In
cases where wages are distributed in the morning, wage slips shall be
distributed to workman latest by the midnight of the day previous to the day
fixed for the distribution of wages and where wages are distributed in the
afternoon, in the forenoon of the day on which the wages are distributed: Provided that in the case of other than
permanent workmen, the wage slips may be distributed to such workmen before the
time of payment. (3)
Any
objection as to the correctness of the amount payable to a workman shall be
enquired into at once so that there may be no delay in payment. (4)
If
for any reason, it is not possible to conclude the enquiry into the objections
before the time fixed for payment, the objection shall be registered and the
amount shown on the wage slip shall be paid to the workman at the time fixed
for payment and, any difference in the amount payable to the workman shall be
paid within six days of the date of his objection if error in calculating wages
due to him has been detected: Provided that where an objection has been
registered and usage and practice exist of taking a receipt from the workman,
no final receipt for payment shall be taken until such time as the objection
has been enquired into and disposed of. All notices required to be posted under these
standing orders shall be in Hindi and if any of these notices is demanded by a
recognised trade union, it may be supplied, as early as possible. A copy of these orders along with its version
in Hindi shall be posted on the notice board and in such other places on the
premises of the industrial establishment as the employer may decide, and shall
be kept in a legible and clean condition for small scale industrial units copy
of these orders need not be posted on the notice board of the industrial
establishment, but a copy of these orders shall be provided free of cost to the
workman on demand. If there is any conflict between Hindi and
English versions of these standing orders, the English version shall prevail. The employer shall introduce welfare schemes
for the benefit of workmen after consulting the representatives of workmen and
the Regional Additional or Deputy Labour Commissioner. Subject to the agreement between the
employers and workman the age at which a workman will reach superannuation
shall be 58 years. Nothing in these Standing Orders shall have
the effect of taking away from a workman any right, benefit or the privilege to
which he might, otherwise be entitled under any Law, Rules or Regulations for
the time being in force in the industrial establishment.THE UTTAR PRADESH INDUSTRIAL
EMPLOYMENT MODEL STANDING ORDERS, 1991
PREAMBLE