THE TELANGANA INDUSTRIAL EMPLOYMENT

(STANDING ORDERS) RULES, 1953

1. (1) These rules may be called the Telangana Industrial Employment (Standing Orders) Rules, 1953.

(2) They extend to the whole of the State of Telangana.

2. In these rules, unless there is anything repugnant in the subject or context:-

(a) “Act” means the Industrial Employment (Standing Orders) Act, 1964;

(b) “Form” means a form set out in Schedule II appended to these rules;

(c) “Words and expressions” used in these rules but not defined shall have the meaning assigned to them in the Act.

3. (1) The model standing orders for the purpose of the Act for application to the industrial establishments shall be those set out in

Schedule I.

(2) The model standing orders for the purpose of the Act for application of the Working Journalists, shall be those set-out in Schedule

I-A.

4. Application for certification of Standing Orders shall be in Form

‘A’.

5. The draft standing orders submitted to the certifying officer shall purposes of sub-section (3) of Section 3 of the Act be accompanied

by a statement in Form ‘B’ giving the following particulars in respect of the workman employed in the industrial establishment:-

(1) Name of the establishment

(2) Number of workman (classified into men, women and children) employed under the following categories:-

(a) Skilled

(b) Unskilled•
 (c) Clerical

(d) Others, if any

(e) Total

(3) Number of workmen classified to

(a) Permanent

(b) Temporary

(c) Casual

(d)Badli or substitute

The AP. INDUSTRIAL EMPLOYMENT (S.O.) RULES, 1953. 43

(a) Five copies of the Draft Standing Order which an employer ses to adopt for his industrial establishment shall be forwarded by

bred post to the certifying officer.

(b) A group of employers in similar industrial establishment may t a joint draft of standing orders, provided that five times as many

of the drafts shall be made as the number of industrial

ishments to which the joint draft is to apply.

(c) Such joint drafts shall be accompanied by statements ibed by Rule 5 in respect of each of the industrial establishments.
r~ On receipt of the standing orders submitted by an employer the

~‘ing officer, shall as soon as practicable

(i) cause copies thereof together with noticein Form ‘C’ to be d on the notice board of the industrial establishment concerned for

formation of the workmen of the said establishment, and

(ii) shall forward by registered post copies of the draft standing and of the notice in Form ‘C’ together with notice in Form ‘D’ to

union or unions named by the employer in the statement

1 by him in Form ‘B’ and to any other trade union or unions

the opinion of the Certifying Officer are concerned with the

(1) Where there is no trade union in an industrial establishment, fying Officer shall cause a meeting of the workmen to be held

date fixed by him for the purpose, for the election of four

entatives of the workmen concerned from among thçmselves.

(2) The Certifying Officer may require the employer or an

r of the industrial establishment to display a potice of the date,

nd place of the meeting in a prominent place at or near the main

f the establishment.

(3) The meeting shall be convened, and presided over by the v’ing officer or such person as the certifying officer may by special

reral prders specify for the purpose.

(4) The workmen declared elected at the meeting by the person ing shall be the representatives of the workmen for the purpose of ~t

and these rules, to whom the certifying Officer shall forward a )f the draft standing orders and of the notice in Form ‘C’ together ~otice in

Form ‘D’.

The standing’orders certified by the certifying officer of the ate authority shall be authenticated by affixing thereto the signature e seal of

office of the certifying officer or the appellate authority case may be. The standing orders shall be forwarded by registered nost.
44
 II4DUSTRIAL EMPLOYMtN I (S.O.) ACT, 1946 R. 12-A

10. The register of standing orders required to be maintained under Section 8 shall be in Form ‘E’.

111. A copy of the certified Standing Orders under Section 8 of the Act may be obtained by any person from the Certifying Officer by

presenting an application affixing a Court fee stamp of Rupee one and furnishing copy stamped papers of forty paise for every hundred words

or fraction thereof].

12. (1) Any person desiring to prefer an appeal against an order of the Certifying Officer shall draw up a Memorandum of Appeal

setting out the grounds of appeal and forward it to the Appellate Authority in quadruplicate, accompanied by a certified copy of the standing

orders.

(2) The Appellate Authority shall after giving the appellant an opportunity of being heard, unless it comes to the conclusion that the

decision of Certifying Officer is contrary to law or otherwise erroneous, confirm the standing orders as certified by him.

(3) Where the Appellate Authority does not confirm the standing orders 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 of workman, to trade unions of the workmen of the industrial establishment and

where there are no such trade unions to the representatives of workman elected in accordance with the provisions of Rule 8, or

(b) where the appeal is filed by a trade union, to the employer and all other trade unions of the establishment, or

(c) where the appeal is filed by the representatives of workmen to the employer.

(d) the appellant shall furnish each of the respondent with a copy of the memorandum of appeal.

(4) The Appellate Authority may at any stage call for any evidence it considers necessary of the appeal.

(5) On the date fixed under Rule 3 for the hearing of the appeal the authority shall take such evidence as it may have called for and

considers to be relevant.

12-A. (1) Files relating to the appeals preferred under the Act shall be preserved for three years.

(2) After the expiry of the said period of three years, the records may be destroyed either by treating or by burning in the presence of

the Assistant Commissioner of Labour, provided, however, that records of secret of confidential nature shall be destroyed only by burning. The

THE A.P. INDUSTRIAL EMPLOYMENT (S.O) RULES, 1953. 45

rds destroyed by tearing may be sold or otherwise disposed of in

manner as the Certifying Officer thinks fit.

 13. The following additional matters shall be included in the edule to the Act after items 1 and 7 thereof respectively, namely: “1-A.

Workman’s tickets and registers.

7-A. Closing and re-opening of the entire industrial establishments departments thereof and liabilities of the employer and workmen

sing departments thereof and liabilities of the employer and workmen sing therefrom”.

14.: The Madras Industrial Employment (Standing Orders) Rules,

47, are hereby repealed but such repeal shall not affect the previous eration of the said rules and anything done or any action taken ereunder

shall be deemed to havebeen done or taken under these rules.

115. The Madras Industrial Employment (Standing Orders) Rules, ~47 as in force in the State of Madras, in their application to the

rritories specified in the first Schedule to the ‘Telangana and ladras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959) re hereby

repealed].

FORM A

(See Rule 4)

The Industrial Employment (Standing Orders) Act, 1946

SECTION 3

To Dated 19

The Certified Officer, Telangana

(Area)

(Place)

Sir,

Under the provisions of Section 3 of the Industrial Employment

(Standing Order) Act, 1946, I enclose five copies of the draft standing

orders proposed by me for adaption in

Name

(Place) (Postal address) and

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 in Form ‘B’ giving the particulars prescribed in Rule 5 of the Industrial Employment (Standing Orders) Rules, 1953.

I am etc.

(Signature)

Employer/Manager.
/

‘F. F-B

$
4.

Employer’s Signature.
46 INDUSTRIAL EMPLOYMENT (S.0.) ACT, 1946

STATEMENT

FORM B

(See Rule 5)

Particulars of Workmen

Name of the Industrial Establishment:Address:Number of the workmen

Men T~J Women Children employed

(1) (2) (3) (4)

(5)

I. (1) Skilled

(2) Unskilled

(3) Clerical

(4) Others, if any

Total

II. Classification and number of workmen:-

(1) Permanent

(2) Temporary

(3) Casual

(4) Badli or substitutes

(5) Probationers

(6) Apprentice

(7) Part-time

Total
 III. Names of trade unions, if ant, to which the workers belong with the number of workers in each such union.

IV. The date from which 100 and more persons were employed in the establishment.

V. Date on which draft standing orders are sent for certification.

Total
 F-D 47

THE A.P. INDUSTRIAL EMPLOThThNT (S.O) RULES, 1953.

 FORM C

(See Rule 7)

Form of Notice

Draft standing orders having been submitted by the

any objection of the workmen thereto should be submitted to

me within fifteen days from the date of this notice.

Date:

~Enter name of the industrial establishment. Commissioner of Labour (Certifying Officer)

FORM 9 (See Rule 7)

Notice To Trade Union

Address

A copy of the draft standing orders submitted by

under Section 3 of the Industrial Employment (Standing Orders) Act,

1948 is enclosed.

You are hereby required, within 15 days of this notice to intimate

to the undersigned in writing your objections, if any, to the draft

standing orders.

If no objections are received within the period mentioned above it

will be assumed that you do not desire to submit any

Date:

To*

Commissioner of Labour (Certifying Officer)

 S.

Enter name of trade union, and where there is no trade union, workers. that of representatives of

Standing Orders (a) permanent workmen;

(b) probationers;
89
1. In these Standing Orders, unless there is (c) “badlies” or substitutes;

12 anything repugnant in the subject or content- (d) temporary workmen;

34 (a) “Habitual” means involving repetition (e) casual workmen;

5 of an act or omission, for a minimum of 4 of times (f) apprentices; and

6 within a period of 12 months. (g) seasonal workmen;

7 (b) “Ticket” includes a card, pass or a “Permanent workman” means a workman appointed in a permanent

d token.
b. [SCHEDULE vacancy and whose appointment has been confirmed in writing by the employer; and

2. Workman may be classified as: includes a workman who has completed a satisfactory probation of 6 months in the

aggregate in the same or another occupation

t.

Sch-I THE A.P. INDUSTRIAL EMPLOYMENT (S.O) RULES, 1953. 49

Provided further that the employer shall inform the concerned workman

in writing of such extension atleast a week before the completion of the

probation.
in the establishment including the break due to sickness, accident, leave, lockout, strike (not being an illegal strike), or involuntary closure

of the establishment.

(2) (a) ‘Probationer’ means a workman who is provisionally employed to fill a permanent vacancy and who has not

completed six, months of satisfactory service in the aggregate in the post:

Provided that the employer may in any particular case where he is not satisfied with the work and conduct of any workman extend the

probation by such period not exceeding six months as he may consider necessary;

(c) “Badli” or substitute means a workman who is appointed to

the post of a permanent workman or a probationer who is temporarily absent and whose name is entered in the badli register.

(d) “Temporary workman” means a workman who has been appointed for limited period of work which is of an essentially

temporary nature, or who is employed temporarily as an additional workman in connection with temporary increase in work of a permanent

nature:

(e) “Casual workman” means a workman who is employed for

work which is essentially of an occasional or casual nature.

(f) “Apprentice” means a person who is undergoing

apprenticeship training in a designated trade in pursuance of a contract

of apprenticeship.

(g) “Seasonalwork” means a workman who is employed in a seasonal establishment like tobacco, sugar, (including

Gui), cotton ginning, cotton and jute pressing, decorticating of groundnuts, etc., on works essentially of a seasonal roll.

3. If a Permanent workman is appointed on probation in a post, he may at any time during the probation, be reverted to his

old permanent post by an order in writing signed by the employer.

4. (1) An apprentice shall be paid a stipend.

(2) The period of apprenticeship training shall be specified for each trade but in no case shall exceed two years.

(3) Notwithstanding anything contained in clauses (1) and (2) above where the Apprentices Act, 1961 applies to an

industrial establishment, the provisions of the Act shall apply.

5. (1) For each class of workmen specified herein above a distinctive ticket shall be provided bearing the name of the class.
 1¼JrlfI,.a~c, ~ ~~ Flf ~ ~ ~ +1i.~.

(2) The unclaimed amounts of wages due to a workman shall be paid

on the claimed-wages pay day following the day on which a qii~tz~ined ri~iim wns
legal representative,
nrecented hv th~ wnrkm~inprovided, that such
or on hi~ h~h~i1fhv hic claim is submitted within 3 years from the

date the claim falls due.

dis;lay;do;noticeboardsmaint;rned fo; the purpose in the department concerned, at the time keeper’s office at or near the main entrance of the

establishment or in accordance with the provisions of the Factories Act, 1948 where that Act applies.

7. Notices specifying weekly holiday, the dates on which compensatory holidays, if any, to be allowed and the days on which

wages are to be paid under the various provisions of statutory enactments by which the establishment concerned is covered, shall be displayed

on the said notice board.

~. I ~ ‘.J ~ ~ lU 1115 I.&I~ I 1lL~ ‘./J VY ~ ~ lI~J VV 1118 .~lS JUi ~L~1J ~1I~
1

allowances, if any, payable to each class of workmen and for each class of work shall be displayed in a conspicuous position in the department

in which the workmen concerned ~re wnrkin~

9. (1) An unclaimed wages pay day for week (i.e., a day on which wages due to a workman and not paid on the usual pay

day for want of claim are to be paid) shall be notified on the notice boards along with the notices to be displayed under Standing Order No.7.

10. More than one shift may be worked in a department or departments or any section of a department of 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 twenty-one days’ notice being given in writing to the workmen prior to such

discontinuance, provided that no such notice shall be necessary if the losing of the shift is under an agreement with the workmen

affected.

Sch-I THE A.P. INDUSTRIAL EMPLOYMENT (S.O) RULES, 1953.

 11. The employer may close down temporarily the whole establishment or a department or a section of a department of the

establishment, purely on business grounds, by giving one month’s notice to the workmen. Before reopening such establishment, department or

section of a department as the case may be, seven days notice shall be given. Workmen affected by such closure shall be paid compensation in

accordance with the provisions of the Industrial Disputes Act, 1947 wherever applicable.

12. Notices of

(i) starting, re-starting, alteration and discontinuance of shift working;

(ii) closure and re-opening of a department or section of a department.

(iii) closure and re-opening of the establishment shall be displayed in the Time-Keeper’s Office, at the main entrance to the establishment

and at the gate or gates appointed for the entrance and exit of the workmen, and in the case of a department or section, also in the department or

section concerned.

13. (1) All workmen shall be at work in the establishment at the time fixed and notified; workers attending late may be treated as absent,

or allowed to work and deductions made from their wages in accordance with the Payment of Wages Act, 1936.

(2) Any workman who is found absent from his place of work during the working hours without permission or without sufficient

reason may be treated as absent for the period of his absence and deductions from his wages made in accordance with the said Act.

14. (1) Holidays with pay will be allowed as provided for in Chapter VIII of the Factories Act, 1948 and other holidays in accordance

with law, contract, custom and usage.

(2) A workman who desires to obtain leave of absence shall apply giving his address to the manager who shall issue order on the

application within a week of its submission or two days prior to the ‘I 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 is refused or postponed the fact of such a refusal

or postponement and the reasons thereof shall be recorded in writing in register to bc 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
52 INDUSTRIAL EMPLOYMENT (8.0.) ACT, 1946 Sch-I

giving his address to the manager, who shall send a written reply either granting or refusing the extension of leave to the workman, 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 return within eight days of the expiry of the leave and explains to the satisfaction of the manager, his inability to return before ~the

expirty of his leave. If the workman loses his lien on his appointment, he shall be entitled to be on the ‘Badli’ list.

(4) Sick leave will be granted normally on the production of a medical certificate from the medical officer of the industrial establishment if

any exists or if Employees State Insurance Scheme is in force, from the Medical Officer of the Employees State Insurance Corporation, and where neither

exists from any registered medical practitioner or registered Valid or Hakeem.

Any worker who desire to obtain sick leave shall apply to the head

of his department.

(5) A worker may subject to the exigencies of the establishment and at the direction of the employer be granted casual leave of absence

to meet unforseen circumstances. The previous permission of the head of his department shall ordinarily be taken by the workman before such leave is taken

except in emergency when a worker may inform in writing to the Head of his Department of the commencement of absence and the probable duration of such

absence.

15. Except in the case of casual workers, a record shall be maintained in a register of all leave of absence other than casual leave, which is sanctioned,

refused or postponed, and reasons for refusal or postponement, shall in every case be entered therein.

16. No workman shall enter or leave the premises ofthe establishment except by the gate or gates specified for the purpose.

17. (1) Any workman may when leaving the premises of the establishment, be searched at the point of exit by the gentlemen.

(2) Any female worker may be detained by the gateman for search by a female searcher if he suspects that he is in wrongful

possession of propehy belonging to the establishment.

(3) Every search shall be conducted in the presence of not less than two persons where practicable and a woman worker shall not be

searched in the presence of any male person except with her consent.

(4) Subject to the provisions of the above clauses, any member of Works Committee wherever existing may be present at a search made

under this Standing Order.

 18. (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 causes beyond his control stop any period or periods of work without notice.

(2) In the event of such stoppage during working hours, the workmen affected shall be notified by notice 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 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) 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. Whenever, 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 will be resumed.

19. (1) No permanent workman, and no other workman, who has been in continuous service for not less than one year under the

employer, shall have his services terminated until the workman has been given one month’s notice in writing indicating the reasons for

termination and the period of notice has expired or the workman has been paid in lieu of such notice, wages for the period of notice:

Provided that the provisions of this Standing Orders shall not apply to cases of retrenchment within the meaning of cluase(oo) of
Section’2,

of the Industrial Disputes Act, 1947.

 54 INDUSTRIAL EMPLOYMENT (SO.) ACT, 1946 R-20

(2) No temporary workman whether monthly rated, weekly-rated or piece-rated and no probationer or Badli or Seasonal or

Casual workman 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 in clause No.2 1.

(3) No permanent workman, and no other workman who has been in continuous service for not less than one year, shall leave the

employment except after giving one month’s notice in writing and the period of notice has expired, or paying the employer an amount

equal to one month’s wages in lieu of such notice.

Note:-The expression “continuous service” occurring the clauses(1)

and (2) above shall have the same meaning as assigned to it in clause

(eec) of Section 2 of the Industrial Disputes Act, 1947.

(4) Where the employment of a workman is terminated or when he leaves the services, the wages earned by him shall be paid to

him before the expiry of the second working day from the day on which his employment is terminated or he leaves his services, and all

other sums due to him shall be paid within a reasonable time not exceeding 2 weeks.

20. The following acts and omissions on the part of a workman shall amount to misconduct:-

(a) wilful insubordination of disobedience, whether or not in combination with another, of any lawful or reasonable order of a

superior;

(b) striking work or inciting others to strike work in contravention of the provisions of any law, of rule having the force of law;

(c) wilful slowing down in performance of work or abetment or instigation thereof;

(d) theft, fraud or dishonesty in connection with the employer’s business or property;

(e) taking or giving bribe or any illegal gratification;

(f) habitual absence without leave, or absence without leave for more than ten consecutive days or overstaying the sanctioned

leave

without sufficient grounds or proper or satisfactory explanation:

(g) habitual late attendance:

(h) habitual breach of any standing order or any law applicable to the establishment or any rules made thereunder
 (1) collection without the permission of the employer of any money within the premises of the establishment except as

permitted by

any law for the time being in force.

(j) engaging in trade within the premises of the establishment;

(k) riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline:

(1) habitual neglect of work or gross or habitual negligence:

(m) 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 establishment:

(n) repetition of any act or omission for which line may be imposed under the Payment of Wages Act or any other Act

applicable to

the establishment:

(o) Canvassing for union membership or the collection of union dues within the premisesof the establishment, except in

accordance with

any law or with the permission of the employer;

(p) wilful damageto work in process or to any property of the establishment:

(q) holding meeting inside the premises of the establishment without the permission of the employer or except in accordance

with the
provisions of any law for the time being in force;

(r) disclosing to any unauthorised person any information in regard to the processes of the establishment which may come

into the

possession of the workman in the course of his work.

(s) gambling within the premises of the establishment

(t) smoking in prohibited places;

(u) sleeping while on duty; -

(v) conviction in any Court of Law for an offence involving moral turpitude;

(w) giving false information regarding one’s age, father’s name, qualification or previous service at the time of employment;

(x) threatening, abusing or assaulting any superior or co-worker;

(y) money-lending in the premises;

(z) preaching of or inciting to violence, in relation to matters:

21.(1) A workman guilty ofmisconduct may be punished with

(a) warning; or

(b) censure; or
 (c) fine, consistently with the provisions of the Payment of Wages Act or any other Act applicable to the establishment; or

(d) stoppage, for a specified period not exceeding 3 years, of increment if due under graded scale of pay wherever applicable; or

(e) suspension for a period ‘[not exceeding 4 days; or

(f) revision to the next lower grade; or

(g) dismissal [* *]

(2) No order of punishment for misconduct shall be made except after holding an enquiry against the workman concerned in respect

of the

alleged misconduct in the manner set forth in clause(4).

(3) A workman against whom an enquiry has to be held shall be given a charge sheet clearly setting forth the circumstances

appearing against him and requiring explanation. He shall be given an opportunity to answer the charge and permitted to secure during enquiry

the assistance of a co-workman or office bearer of a recognised union: provided that a list of the office bearers not exceeding six to be

nominated for this purpose shall be furnished by the union every year in January and July. No postponement of proceedings may be given at

any stage of enquiry on the ground merely on nonavailability of the person whose assistance is sought, except for reasons to be recorded in

writing by the Officer holding the enquiry. The workman shall be permitted to produce witness for his defence and cross-examine any witness

on whose evidence the charge rests.A concise summary of the evidence led on either side on the workman’s plea shall be recorded. A copy of

the record of enquiry may be given if asked for after the enquiry. “All proceedings of enquiry for misconduct of workers shall be conducted

and recorded either in English or in Hindi or in the language of the District where the Industrial Establishment is located, whichever is

preferred by the workman”.

(G.O.Ms.33 1, L.E.N.T.E.D., 5-12-84)

(4) (a) Where a disciplinary proceeding for misconduct against 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, by order in writing suspend him with effect from such dates 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.
2
[The period of suspension of a workman against whom

disciplinary proceedings are initiated, shall not, in any case, exceed

1. Subs. by G.O.Ms.No. 317 (Lab-I), dt. 3.91985

2. Added by G.O.Ms. No. 149, dt. 21-2-1977. Vide A.P. Gazette Rules Supplement to Part I,
 dt. 24-3.1977 p. 187.

forty-five days from the date of service of the suspension order on the workman. The disciplinary proceedings shall be completed within the

said period of forty-five days, unless the delay in completing the proceedings is directly attributable to the workman, himself].

(b) A workman, who is placed under suspension under clause(a) shall, during the period of suspension be paid subsistence

allowance at the following rates, namely:

(i) where the disciplinary proceeding contemplated or pending is departmental, the subsistence allowance shall, for the first

‘[30 days] from the date of suspension be equal to one half the basic wages dearness allowance and other compensatory allowances to

which the workman would have been entitled, if he where on leave with wages. If the department proceeding gets prolonged and the

workman continues to be under suspension for a period exceeding ‘[30 days] the subsistence allowance shall for the period exceeding ‘[30

days] be equal to three-fourths of such basic wages, dearness allowance and other compensatory allowances:

Provided that where such proceeding is prolonged beyond a period of ninety days for reasons directly attributable to the

workman, the subsistence allowed shall for the period exceeding ninety days, be reduced to one fourth of such basic wages, dearness

allowance and other compensatory allowances;

(ii) where the disciplinary proceeding is by the police or by any court of law or 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 wage, dearness allowance and other compensatory allowance to which the workman would

have been entitled to, if he were on leave. If such disciplinary proceeding or criminal proceeding gets prolonged and the workman
continues to be under suspension for a period exceeding one hundred and eighty days, be equal to three-fourths of such wages:

Provided that where such disciplinary proceeding 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.

(c) If on the conclusion of the disciplinary proceeding 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

1. Subs. by ibid.
 58 INDUSTRIAL EMPLOYMENT (S.O.) ACT, 1946

him a reasànable opportunity of making representation on the proposed penalty that an orderof

dismissal or suspension or fine or stoppage of annual increment or reduction in

rank would meet the ends ofjustice, the employer shall pass an order

accordingly:

Provided that when an order or 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 proceeding or investigation

or trial and the date on which an order or suspension was passed under this

clause exceeds for 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

ofannual increment or reduction in rank is passed under this clause, the workman

shall be deemed to be 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, aftei~ deducting the subsistence allowance paid to him for

such period:

Provided also that in the case of a workman to whom the provisions

of cJause(2) of Article 311 of the Constitution apply, the provisions of that article

shall be complied with.

(d) If on the conclusion of the ~iscip1inary proceeding 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

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.
 22. (1) A workman may be warned or censured, or subject to and in accordance with the provisions of the Payment of Wages Act,

1936, fined for any of the following acts and omissions;

(a) absence without leave without sufficient cause;

(b) late attendance;

I
(c) negligence in performing duties;

(d) absence without leave or without sufficient cause from the appointed place of work;

(e) entering or leaving or attempting to enter or leave premises of the establishment except by a gate or entrance

appointed;

(f) committing nuisance on the premises of the establishment;

(g) breach of any rule instruction for the maintenance or running of any department.

(2) No order of punishment for the above acts or omissions shall be made unless the workmen concerned have been given an

opportunity to explain.

23. (1) Any workman desirous of the redress of a grievance arising out of his employment or relating to unfair treatment or

wrongful exaction on the part of a superior shall, either himself or through an official of trade union of which he is a member, submit a

complaint to the employer or any officer appointed by the employer in this behalf.

• (2) The employer or any such officer shall personally investigate the complaint at such time and place as he may fix. The

workman or any other workman of his choice shall have the right to be present at such investigation. Where the complainant alleges

unfair treatment or wrongful exaction on the part of superior, a copy of the order finally made by the employer shall be supplied to the
 complainant if he asks for one. In other cases the decision of the investigation officer and the action, if any taken thereon by the

employer shall be intimated to the complainant:

Provided that complaints relating to assault or abuse by any person holding a supervisory position or refusal of any application

for urgent leave shall be enquired into immediately by the employer or such other officers as he may appoint.

24. (1) A workman shall be required to vacate his employment on reaching the age of superannuation to be notified by the

employer

- provided that the employer may reemploy the superannuated workman if there are sufficient and cogent reasons to do so.

(2) If no correct date of birth is available the decision of the employer in consultation with the Company’s Medical Officer,

regarding the age of any workman is binding and final.

60 INDUSTRIAL EMPLOYMENT (S.O.) ACT, 1946 Sch-I

25. An appeal lies against any decision taken on behalf of the employer upon any question arising out of, in connection with or

incidental to these Standing Orders to the next higher authority.

26. Every workman, other than a casual workman, who leaves service or retires, or is dismissed or discharged, shall without avoidable

delay be given a service certificate if he asks for one.

27. (1) Notices to be exhibited or given under these Standing Orders shall be in English and also in the principal regional language of the

district in which the establishment is situated.

(2) Any notice, order, charge-sheet, communication or intimation which is meant for an individual workman, and is given in writing

under these Standing Orders, may be in the language understood by the workmen concerned.

(3) Before such notice, charge-sheet, communication or intimation is handed over to the workman it shall be read out and explained to

him if he so desires.

28. Nothing contained in these Standing Orders shall operate in derogation of any law for the time being in force or to the prejudice of

any right under an agreement or contract of service, custom, usage or award applicable to the establishment.

29. A copy of these Standing Orders in English along with a true translation thereof in the principal regional language of the district in

which the establishment is situated, shall be exhibited in Time Keeper’s Office.

(SCHEDULE I-Al

Model Standing Orders for Working Journalists

1. Short title and commencement:- (1) These standing orders may be called the Model Standing Orders for Working Journalists.
 (2) They shall come into force on the-

2. Classification and Definition:-(1) Working journalists shall be

classified as:- -

(1) Apprentices;

(2) Part-time working journalists;

(3) Permanent working journalists;

(4) Probationers;

(5) The temporary working journalists;

(2) In these standing orders, unless the context otherwise requires,(a) “apprentice working journalist” means a learner who is

either, paid an allowance or not paid any allowance during the period of his training which shall not exceed one year.

(b) “part time workingjournalist” means a working journalist who is employed to do work as such for less than the

normal period of working hours of a newspaper establishment;

(c) “permanent working Journalist” means a working journalist who has been engaged on a permanent basis or whose

appointment has been confirmed in writing by the manager or any other officer authorised by the manager in that behalf and includes

any person who has completed to the satisfaction of the manager the probationary period of six months in aggregate or such extended

period as may be fixed by the manager to show improvement, in the same newspaper establishment, including breaks due to sickness,

accidents, leave, lockouts, strike which is not illegal or involuntary closures of the establishment;

(d) “Probationer” means a working journalist who is provisionally employed to fill a permanent vacancy or a post and

4. Maintenance of 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.

who has not completed six months service in aggregate or such extended period, not exceeding six months as the manager, in
 consultation with the eitor, may fix with a view to giving him a change to show improvement, in the same newspaper establishment:

Provided that where a permanent working journalists who is employed as a probationer in a post difference 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. -For the purpose of the above proviso the expression “probationary period” shall include breaks due to sickness,

accidents, leave, lock-outs, strike which is not illegal, or involuntary closure of the establishment;

(e) “Temporary working journalist” means 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.

3. Appointment Ietter:-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 of which he has been promoted.

5. Maintenance of attendance register:.~Every newspaper establishment shall maintain a daily attendance register which shall

show the amount of leave earned, the amount of leave taken anil the amount of leave due to each working journalist. The leave

record may be seen by the working journalist concerned, when necessary.

6. Maintenance of 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 the 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, therefor, number of warnings, if any, number of censures, and such other

matters as may be prescribed by the management.

7. Publication of working hours:-The periods, hOurs of work and the place of work for all classes of working journalists shall

be exhibited in English, Hindi and in the regional language on the notice boards maintained at the newspaper establishment.

8. Publication of holidays and pay days:-Notice specifying-

(a) the days which shall be observed by the newspaper establishment as holidays (including weekly holidays);atid

(b) pay day,

shall be posted on the said notice boards

9. Attendance and late coming:- (1) All working journalists shall be at work at the place and time published under Standing

Order 8.
 (2) All working journalists shall sign every day the attendance register and shall state therein the time of their arrival at,

and departure from the newspaper establishment. If any working journalist comes late by over ten minutes on three consecutives

days in’ 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 of 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.

10.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 wages period (which shall not exceed one month) in respect of Which the wages are payable.
 (2) Any wages due to the workingjournalist not paid on the usual pay day on account of their being unclaimed shall be paid

by the employer on one or more unclaimed pay day or days in the following week, which shall be notified on the notice boards as

aforesaid.

11. Stoppage of work:-The Manager may, at any time in the event of fire, catastrophe, breakdown of machinary or stoppage of

power supply, epidemic, civil commotion or any cause beyond his control, close down any department or 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, section or newspaper establishment concerned.

12. Termination of services:-(1) The service of working journalist shall not be terminated as punishment unless the procedure

laiddown in

Standing Order 14 has been followed.

(2) An order relating to termination of services ‘of working journalist shall be in writing and 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 workingjournalist concerned.

(3) Where the services of any working journalist are terminated, the wage,s earned by him and the other dUes, if any, should

be paid to him within a fortnight, in the case of wages, and within six weeks, in the case of other dues, from the day on which his

services were terminated.

13. 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 or not in combination with another, or any lawful and reasonable orders

of a

superior:

(b) striking work or inciting others to strike work in contravention of the provisions of any law, or any rule having the force

of law, or

deliberate slowing 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

overstayingthe

sanctioned leave without sufficient grounds or satisfactory explanati~n; (f) habitual late attendance;

(g) habitual breach of any standing order or any law applicable to the establishment or any rules made thereunder;

(h) riotous or disorderly behaviour during working hours at the newspapers establishment or any act subversive of discipline;

(i) habitual neglect of work or habitual negligence;

(j) habitual breach of any rules or instructions for the maintenance and running of any department with which he is concerned;

(k) wilful breach of any rules or any property of the newspaper establishment;

(1) refusal to accept a charge sheet, order or other communication served in accordance with these standing orders.

14. 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 for proved inefficiency or gross negligence or any misconduct

specified in Standing Order 14, namely:-

(a) warning;
 (b) censure;

(c) suspension for a period 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 or charges

levelled against him and unless he has been given an opportunity of showing cause and of defending himself either personally or through a co-

worker of his choice or through an office bearer of a trade union of working journalists of which he is a member, against the action proposed

to be taken against him. The working journalist concerned shall have the right to be heard in person and to examine witness and to produce

evidence.

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 office bearer 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.

15. Complaints:-Any working journalist desirous of getting redress in

respect of any. grievance 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

 (4) (a) A ~iorking journalist may be suspended by the appointing authority or by any person authorised by him in this behalf,

during the period of an inquiry against the working journalist provided that the working journalist shall be paid during such period of

suspension as subsistence allowance, which shall not be less than one half of the wages ‘last drawn by him while on duty.

Explanation:-For the purposes of this standing order, ‘Wages’ means wages 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 communjcation served in accordance with these

standing orders and provided that he has been asked to accept the charge sheet in the presence of atleast 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 the time, the

inquiry shall be conducted exparte and the punishment awarded shall take into account of misconduct under Standing Order 14 thus

committed;

Provided that the service of charge sheet and intimation of time and place of inquiry shall also be made to the working

journalist concerned by registered post with acknowledgment due;

(d) If, on inquiry, the charges against the working journalist who was under suspension during the period on the inquiry, 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, but for his suspension.

(5) In awarding a penalty under these standing orders, the punishing authority shall, take into account the gravitybf 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 editor, if any shall be supplied to the working journalist concerned.

66 INDUSTRIAL EMPLOYMENT (S 0 ) ACT 1946 Sch-1-A

in hisbehalf. An appeal against the order of the Manager shall lie to the employer where the Manager is himself the employer.

16. Certificate of service:-Every workingjournalist shalibe entitled to service certificate at the time of his termination of service.

17~ 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 any decision of the Manager is overruled by his superior, the latter shall be held

responsible for the decision taken.

18. Supply of copy of the standing orders:-Every working journalist shall be supplied free of cost with a copy of the certified standing

orders applicable to him either 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.

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS)

(TELANGANA AMENDMENT) ACT, 1969.

ACT NO. 9 of 1969.

[D.31-1-1969.J
 An Act further to amend the~- Industrial Employment (Standing Orders) Act, 1964 in its application to the State of Andhra Pradésh.

Be it enacted by the Legislature of the State of Andbra Pradesh in the Nineteenth Year of the Republic of India as follows:-

1. Short title:-This Act, may be called the Industrial Employment (Standing Orders) Telangana Amendment Act, 1969.

2. Amendment of Section 2, Central Act 20 of 1946:-In Clause(c) of Section 2 of the Industrial Employment (Standing Orders) Act,

1946, after sub-clause (iv), the following shall be added, namely:-

“or (v) such other establishment, as the State Government may, by notification in the Telangana Gazette, specify in this behalf which

does not fall within any of sub-clauses (i) to (iv), and in respect of which the State Government is the appropriate Government.

THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS)

AMENDMENT ACT, 1982

NO.18 of 1982

An Act further to amend the Industrial Employment (Standing Orders) Act, 1946.
namely:-
 Be it enacted by the Parliament in the Thirty-third year of the Republic of India as follows:-

1. Short title and commencement:-(1) This Actmay be called the Industrial Employment (Standing Orders) Amendment Act,

1982.

(2) It shall come into force on such date as the Central Government may, be notification in the Official Gazette appoint.’

2. Amendment of Section 2:-In Section 2 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) hereinafter

referred to as the principal Act.

(a) to clause (b), the following proviso shall be added, namely-“Provided that where any question arises as to whether any

industrial

establishment is under the control of the Central Government that Government may, either on a reference made to it by the

employer or the

workman or a trade union other representative body of the workmen, or in its own motion and after giving the parties an opportunity of being

heard, decide the question and such decision shall be final and binding on the parties : 2;

(b) for clause(i), the following clause shall be substituted,

(i) “wages” and ‘workman’ have the meanings respectively assigned to them in clauses (ii) and (s) of Section 2 of the

Industrial Disputes Act (14 of 1947).

3. Amendment of Section 6:- In Section 6 of the Principal Act in sub-section (1), for the words ‘any person’ the words ‘any

employer’ workman, trade union or other representative body of the workmen’ shall be substituted.

4. Amendment of Section 10:-In Section 10 of the principal Act

(a) In sub-section (1) after the words’the workmen’ the words ‘or a trade union or other representative body of the

workmen’ shall be inserted;

(b) in sub-section (2)-

(i) after the words ‘or workmen’ the words ‘or.a trade union or other representative body of the workmen’ shall be

inserted;
 (ii) after the words ‘and the workmen’ the words ‘or a trade union or other representative body of the workmen’ shall

be inserted;

5. Insertion of new Section 10-A:- After Section 10 of the principal Act, the following Section shall be inserted, namely:

10-A. Payment of subsistence allowance:- (1) Where any workman is suspended by the employer pending investigation or

inquiry into

c
68 INDUSTRIAL EMPLOYMENT (S.O.) ACT,’ 1946’ ‘

I
complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance-

(a) at the rate of 50% of the wages which the workman was entitled to immediately preceding the date of such suspension for

the first ninety days of suspension; and

(b) at the rate of seventy-five percent of such wages for the remaining period of suspension if the delay in the completion of

disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.

(2) If any dispute arises regarding the susbsistence allowance payable to a workman under sub-section (1), the workman or

the employer concerned may refçr the dispute to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947)

within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour

Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such
decision shall be final and binding on the parties.

(3) Notwithstanding anything contained in the foregoing provisions of this Section, where provisions relating to payment

of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this

Section, .the provisions of such other law shall be applicable to the payment of subsistence allowance in the State”.

6. Amendment of Section 11:-In Section 11 of the Principal Act, in sub-section(l) for the words and figures ‘Sections 480 and 482

of the Code of Criminal Procedure, 1898 (5 of 1898)’, the words and figures ‘Sections 345 and 346 of the Code of Criminal Procedure,

1973 (2 of 1 974)’, shall be substituted.

7. Amendment of Section 13:-In Section 13 of the Principal Act, in sub-section (4) for the words “a Presidency Magistrate or

Magistrate of the second class”, shall be substituted.

8. Amendment of Section 13-A:-In Section 13-A of the Principal Act. after the words ‘or workman’, the words ‘or trade union or

other representative body of the workman’ shall be inserted.

9. Amendment of Section 15:-In Section 15 of the Principal Act, in sub-section (3), for the words ‘in two successive sessions, and

if, before expiry of the session in which it is so laid or the session immediatel~i following’, the words’ in two or more successive

sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid’, shall be

substituted.

N.B..:-The above amendments have been carried out in the text of the Act.