Certified Standing Orders 1
Certified Standing Orders 1
Certified Standing Orders 1
No. CLE/2/S.O./21/82-85/8199
Office of the Commissioner,
Labour and Employment,
Govt. of Goa, Daman and Diu,
Junta House, 1st Floor,
Panaji Goa.
Dated: 6th December, 1985.
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To,
Sir,
Yours faithfully,
Sd/-
( S. A. DESHPRABHU )
Asstt. Labour Commissioner
&
Certifying Officer
Encl: - as above.
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REGISTERED A.D.
OFFICE OF THE COMMISSIONER
LABOUR AND EMPLOYMENT
JUNTA HOUSE, 1ST FLOOR,
PANAJI GOA.
To,
Dear Sir,
Yours faithfully,
Sd/-
( R. S. Mardolkar )
Asstt. Labour Commissioner
&
Certifying Officer
Goa, Daman and Diu
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GOVERNMENT OF GOA, DAMAN AND DIU
OFFICE OF THE COMMISSIONER, LABOUR & EMPLOYMENT
JUNTA HOUSE, IST FLOOR,
PANAJI GOA.
O R D E R
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KADAMBA TRANSPORT CORPORATIN LTD.,
P.O. BOX NO. 321, East Wing,
Bus Terminus, Panaji
Goa – 403 001
1. Application:
These standing orders shall apply to all workmen of Kadamba Transport
Corporation Limited, having its registered Office in Panaji, the Union Territory
of Goa, Daman & Diu and in any other part within the area of India where its
offices are situated. This shall come into force with effect from the date
determined in accordance with section 7 of the Industrial Employment
(Standing Orders) Act, 1946.
2. Definitions: In these orders, unless there is any thing repugnant in the
subject or context.
a) "Corporation" or "Establishment" or "Company" means Kadamba
Transport Corporation Ltd., Panaji, Goa and includes Depot or
Workshops or bus stands or control room or other Administrative
offices.
b) "Employer" means Managing Director of the Corporation and includes
the General Manager or Depot Manager or any other Officer to whom
the powers and functions may be delegated in this behalf and
wherever the expression "Management" is used it shall mean the
employer.
c) "Manager" means the General Manager or Depot Manager or the
person for the time being Managing the Establishment and includes any
other officers duly authorised to exercise powers of the Manager such
authorisation being notified to the workmen by displaying it on the
Notice Boards of the Establishments.
d) "Superior" means any person who by the nature of his duties exercises
Supervision or control over an employee or a group of employees,
either directly or indirectly in connection with the work of Establishment.
e) "Workmen" or "Employee" means any person employed in the
Corporation, defined as such in section 2(i) of the Industrial
Employment (Standing Orders) Act, 1946.
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f) "Corporation premises" includes the precincts of the Depot or Workshop
or bus stands or control room or Administrative offices or any other
places of work where the employees are deputed to work or to report for
accepting the employment.
g) "Day" means a period of twenty four hours beginning at mid-night.
h) "Motor transport undertaking" means a motor transport undertaking
engaged in carrying passengers or goods or both by road for hire or
reward, and includes a private carrier.
i) "Competent Authority" means the General Manager,Deputy General
Manager, Depot Manager or any other officer of Corporation duly
appointed by the Managing Director and notified.
j) "Appellate Authority" means the Managing Director of the Corporation.
k) "Wages" has the meaning assigned to it in clause (vi) of Section 2 of
the payment of Wages Act, 1936 (4 of 1936).
l) "Week" means the period between midnight on Saturday night and
midnight on the succeeding Saturday night.
m) "Muster Roll" means any register or registers maintained by the
Corporation for the purpose of recording attendance of employees.
n) "Notice Board" means board maintained by the Corporation for the
purposes of displaying notices by the establishment.
o) "Wage Rate" means the rate of pay per diem or pay per calendar
month.
p) "Identity Badge" means any badge or pass issued to a workman for
purposes of his identification and includes token or ticket.
NOTE:
Where the context requires,
i) The singular number shall be read to include plural number and vice
versa.
ii) Work denoting masculine gender shall be read to include feminine
gender unless otherwise stated.
3. Classification of Workmen:
Workmen shall be classified as:
a) Permanent
b) Probationary
c) Temporary
d) Casual
e) Badli/Substitute, and
f) Apprentice/Trainee
a) A "Permanent Workman" is a workman who has been duly confirmed in
his appointment by the Manager in writing after he has satisfactorily
completed the probation period of at least six months in the same or
another occupation in the service of the Company including breaks due
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to sickness, accident, authorised leave, lockout strike (not being an
illegal strike) or involuntary closure of the establishment.
b) A "Probationary Workman" is a workman who is provisionally employed
to fill a permanent vacancy in a post and has not completed the
probationary period. A probationary workman shall be closely watched
by his Officer/ Supervisor in regard to his ability, conduct, attendance
and adaptability to the job assigned to him and if he does not measure
up to the requirements, his services are liable to be terminated without
notice during or at the end of probationary period. In the case of
permanent workman appointed as a probationer in a new post, he may
at any time during the probationary period or at the end of probationary
period be reverted to his permanent post. The period of probation
originally fixed may be extended by three months which shall be
intimated in writing to the employee. If the employee shows average
ability, he may be retained if the Manager so recommends. A
probationer shall be deemed to continue as such until he is expressly
confirmed in writing by the Manager.
c) A "Temporary Workman" is one who has been engaged for work which
is essentially of a temporary post, or in connection with a temporary
increase in work, for a limited period.
d) A "Casual Workman" is a workman whose employment is of a casual
nature.
e) A "Badli" or "Substitute Workman" is a workman who has been engaged
temporarily to the post of a permanent workman or a probationer, who
is temporarily absent.
f) An "Apprentice" or "Trainee" is a learner who is paid an allowance or
stipend during the period of his training.
4. Medical Examination
a) No workman shall be appointed as a permanent workman or as a
probationer unless he has been medically examined and declared fit by
the Medical Authorities.
b) If during the course of workman's employment, Management has
reasons to believe that a workman is not medically fit to discharge his
duties, the Management shall have the right to direct such a workman to
appear before the Medical Authorities for a medical check up or to a
periodical medical examination. Thereafter, if the Company's Medical
Authorities declares that the workman is medically unfit permanently, he
shall be forthwith discharged from the services of the Corporation. The
aggriever party shall be free to approach the medical Board of the
Government against the decision of medical authorities whose decision
will be final and binding on the parties.
RECORD OF AGE:
a) The Company will record the age of every workman who is appointed
as a probationer or permanent workman. The following documents
shall be deemed to be satisfactory proof of the age:
i) Birth Certificate or Baptism Certificate in case of Christians.
ii) Matriculation or School leaving Certificate.
b) A workman who is unable to produce the aforesaid documentary
evidence of his age shall be sent to the Medical Officer for examination
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and his opinion as to the workman's age will be binding on the
workman.
c) The age of a workman as recorded with the Company at the time of his
employment shall be final and shall not thereafter be permitted to be
altered by the workman.
6. Address:
Every workman shall intimate to the Corporation his permanent home
address and his residential address on joining the Corporation. He
must also notify the Corporation immediately of any change of
address. Communication forwarded by the Corporation to the last
address given by the workman shall be regarded as sufficient
compliance for the purpose of giving any notice.
9. Search:
a) Any workman is liable to be detained and searched while entering or
leaving or within the Corporation premises by the Security Staff of the
Corporation and/or such other persons appointed by the Employer for
the purpose. A female workman shall be searched only by a female
searcher or any other authorised female employee.
b) Any workman carrying tiffin boxes, document cases, bags and other
receptacles, shall keep them open for inspection as they pass out of the
gate, or at any other time when demanded by the security personnel or
any superior authorised in this behalf of the Corporation.
c) The Corporation has the right to remove from those searched any
article believed to be belonging to the Corporation, such other articles
as the Corporation considers likely to endanger the personnel or
property of the Corporation.
10. a) The periods and hours of work and the rest intervals for all classes
of workmen in each shift shall be exhibited in English and in the
Regional languages in the establishment or the Corporation's Notice
Boards.
b) Any workman may be assigned to any shift depending upon the
exigencies of work with eight hours notice.
c) The general working hours of the Corporation and changes, if any, will
be notified 8 days in advance on the Corporation's Notice Boards in
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English and other Regional languages.
d) Ordinarily, the starting and the closing time of each shift and shift
breaks will be signalled by means of a whistle or a siren wherever
practi-
cable but failure to sound the whistle or siren due to unavoidable
circumstances will not entitle workmen to attend late or depart early.
b) Any wages due to a workman but not paid on the usual pay day on
account of the same being unclaimed, shall be paid by the Employer on
an "Unclaimed wage pay Day" in each week or any day subsequent to
the pay day notified to the workmen and following the day on which the
substantiated claim is presented by the workmen.
c) No claim in respect of unclaimed wages will be entertained by the
Corporation after the expiry of 3 years from the date on which the
wages became due.
d) Without prejudice to the provisions of the payment of wages Act, 1936,
deductions may be made for damages to or loss of goods expressly
entrusted to a workman for custody or for lose of money for which he is
required to account where such damage/loss is directly attributable to
his negligence or default.
e) If 10 or more workmen setting in concert and without giving a fortnight's
notice to the Management, absent, themselves from work or being
present at the workspot, refuse to work, a deduction of wages not
exceeding eight days will be made from the wages of such workmen,
besides the deduction of wages for such absence, they will be also
liable for disciplinary action.
b) All workmen shall be at their respective places of work at the time pres-
cribbed and notified from time to time. Workmen arriving later than 10
minutes of the prescribed time shall be liable to be sent out and treated
as absent.
c) If for any reason within the discretion of the Corporation, a workmen
arriving so late is admitted, his wage for the period of absence may be
deducted. For administrative convenience the late coming and early
going will be calculated in units of 15 minutes. For the purpose of
computation of wages, attendance of less than 4 hours in a day, shall
not be taken into account.
d) Any workman who after reporting for work is found absent from his
proper place of work during working hours without permission of his
superior shall be treated as absent for the time of his absence and also
he shall be deemed to be absent from the place where he is required to
work, if although present in such place, he refuses, in pursuance of the
stay-in strike or for any other cause which is not reasonable in the
circumstances, to carry out his work, will be liable to be treated as
absent for such period of absence and his wages will be liable to be
deducted proportionately. He will also be liable to disciplinary action
under these standing orders.
e) If a workman is absent from the Establishment premises during working
hours without permission, he shall be liable to be treated as absent for
the whole day in case his absence commences before the recess
period. He will also be liable to disciplinary action under these standing
orders.
f) If a workman reports for duty in improper dress, he shall not be allowed
to work until he reports back for duty properly equipped and he shall not
be paid for the time so taken by him.
a) Every workman shall carry out the work for which he has been
employed conscientiously and to the best of his ability and in
accordance with
specific or general instructions given to him from time to time by the
Corporation Officers directly or through delegated authority.
b) Workmen shall not enter or pass through departments other than those
in which they are employed unless this is necessary in the course of
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their duties.
c) Workmen shall not engage themselves in any other work or trade
excepting that of the Corporation, during working hours either for
themselves or for any other person.
d) Every workmen shall take proper care of all vehicles, machines, plant,
gauges, appliance, fixtures, drawings, etc. generally and specially
entrusted to him. Workmen shall not take out of the premises, any
articles, documents, drawings, materials, etc., belonging to the
Corporation without a pass in the prescribed form issued by the
authorised persons. Neither shall they conceal any such articles or
materials etc.
e) Workmen shall take precautions to safeguard the Corporation's property
and to prevent accident or damage or fire to it. A workman shall at once
report to his supervisor or Officer or Manager any defect which he may
notice in any machinery/equipment connected with his work. He shall
also immediately report any defect or occurrence which he may notice
and which might endanger himself or any other workman/person or
might result in damage to the Corporation's or any workman's /person's
property. It shall be the duty of every workman to see that his
equipment/machine is kept clean and tidy.
f) Strict observance of all safety instructions including fire prevention
and protection is obligatory on the part of the workman. Workmen shall
not unless specifically authorised, interfere with any safety devices or
any machines running or idle. Where the Company provides protective
clothing or uniforms, appliances, etc., for the safety of workmen, these
shall be used by such workmen while engaged in such jobs.
Explanation:
Nothing in clause (ii) of sub-regulation (2) shall be construed as empowering
a Corporation employee to evade his responsibilities by seeking instructions
from, or approval of a superior officer or authority when such instructions
are not necessary under the scheme of distribution of powers and
responsibilities.
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18. (A) Private Trade or Employment:
No Corporation Employee shall, except with the previous sanction of the
Corporation, engage directly or in-directly in any trade or Business or
undertake any other employment.
(B) Insolvency and Habitual Indebtedness:
A Corporation employee shall so manage his private affairs as to avoid
habitual indebtedness or insolvency. A Corporation employee against whom
any legal proceedings is instituted for the recovery of any debt due from him or
for adjudging him as an insolvent, shall forthwith report the full facts of the
legal proceedings to the Corporation.
Note:
The burden of proving that the insolvency or indebtedness was the result of
circumstances which with exercise of ordinary diligence, the Corporation
servant could not have foreseen or over which he had no control, and had not
proceeded from extravagant or dissipated habits, shall be upon the
Corporation employee.
(C) Demonstration:
1) No Corporation employee shall engage himself or participate in any
demonstration which is prejudicial to the sovereignty and integrity of India, the
security of the Union Territory, Public Order, decency or morality of which
involves contempt of Court, definition or incitement to an Offence.
2) No Corporation employee shall hold within the precincts of any office or any
place under the control of the Corporation, any demonstration which is violent
or which prevents or is calculated to obstruct the normal transaction of
business in such Office or place.
3) No Corporation employee shall obstruct any person from lawfully entering
or leaving any office or the place under the control of the Corporation, or from
carrying out any business in such office or place.
4) No Corporation employee shall act in any manner calculated to undermine
the confidence of the persons using the facilities provided by the Corporation.
20. Leave
a) General Rules:
i) The leave year for all types of leave is the calendar year i.e. From1 st January
to 31st December. In the first year of service, the leave year will be from the
date of joining to 31st December.
ii) Leave sanctioning authority will be the departmental/Section Head
concerned.
iii) Grant of leave of any kind to a workman shall depend on the exigencies of
the Corporation's work to be decided by the leave sanctioning authority.
iv) No workmen can avail of Privilege leave during his probationary period.
v) The sanctioning authority has the right to curtail or to revoke the sanctioned
leave in exceptional circumstances.
vi) The workman shall furnish in the leave application itself, the address where
he can be contacted, if necessary, during the period of his leave.
vii) If a workman, after proceeding on leave desires an extension thereof he
shall make an application in writing by Registered Post giving satisfactory
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explanation to the Management in sufficient time for the reply to him before the
expiry of the leave initially granted. A written reply with regard to grant or
refusal of the extension of leave shall be sent to the workman only to the
address supplied by him, but if he fails to supply a forwarding address, the
reply will be sent to the address available in the records of the establishment.
Provided that if any communication is received by the workman in reply to his
application for leave, before the expiry of leave initially granted, he should
presume that extension of leave has not been granted.
viii) A workman remaining absent beyond the period of leave originally granted
or subsequently extended, shall be liable to lose his lien on his appointment
unless he returns within ten days of the expiry of the sanctioned leave and
explains to the satisfaction of the authority granting leave, his inability to
resume his duty immediately on the expiry of his leave. A workman not
reporting for duty within ten days of the expiry of his leave shall be treated as
having left the service from the date he was due to return to work.
ix) If a workman is detained, arrested or convicted for or in connection with any
offence and or is sent to jail and applied for leave, the management will not be
bound to grant his leave and his service may be terminated for his inability to
attend his duty.
x) Leave will not be granted to a workman under suspension.
xi) A record of leave of absence shall be maintained in respect of all workmen
together with the record of leave sanctioned, refused or postponed, and
reasons for refusal or postponement shall, in every case, be entered therein.
b) Types of leave and leave entitlement:
Privilege leave subject to eligibility as per the provision of the Motor Transport
Workers Act/Factories Act, 1948. The workman shall be entitled to Privilege
leave at the rate of one day for fifteen days work performed in the previous
year, and Casual Leave at the rate of 8 days per calendar year are permissible
to permanent and temporary workmen. Proportionate Casual Leave will be
admissible to probationary workman and Apprentices/Trainees/Casual
workmen are not entitled for Casual Leave. However, casual workmen will be
allowed Privilege Leave as per the provisions of the Factories Act, 1948
provided they are eligible for the same.
c) Privilege Leave:
i) Privilege Leave will accrue on completion of each leave year.
ii) Privilege Leave can be accumulated to maximum extent of 90 days.
iii) Privilege Leave can be availed to a maximum extent available subject to not
more than four times in a calendar year.
iv) Any workman who desires to take leave of absence for any cause shall
apply in writing to the Head of Department/Section (through the Workmen's
immediate Supervisor) ordinarily 7 days before the date on which he desires to
proceed on leave. It shall be the duty of the Head of the Department to pass
orders on the applications in writing well in time. Provided that in case of
sudden calamity, accident or other unforeseen reason beyond the control of
the workmen, the Management may grant him leave post facto, on his return to
duty, provided further that the application for leave with or without pay, as the
case may be, along with an explanation satisfactory to the Management has
been made as soon as possible within reasonable period from the date of
absence.
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v) A workman shall proceed on leave (except in case failing within the
provision of the above clause a (iv) only after getting a leave pass from the
Head of the Department/Section sanctioning the leave and only after handing
over the charge to the person appointed for the purpose by the Head of the
Department/Section or the workman's immediate Supervisor. Where leave is
refused or postponed, the fact of such refusal or postponement and the
reasons thereof shall be recorded in writing in a register to be maintained for
the purpose and if the workman so desires a copy of such entry in the register,
shall be supplied to him.
d) Casual Leave:
i) Half day casual leave may be granted at the discretion of the Corporation
excepting on a half working day, if any.
ii) Casual leave will be granted for a period of not more than 3 days at a time.
iii) Casual leave shall be non-cumulative.
iv) Casual leave will not be combined with any other kind of leave even if a
weekly off/holiday occur in the intervening period.
v) Previous permission of the Head of the Department/Section shall be
obtained before taking Casual leave. When this is not possible due to
unforeseen circumstances the Management or the Head of the
Department/Section shall be soon as may be practicable, informed in writing or
orally through any person of the absence from work giving satisfactory
reasons for such absence and the probable duration of such absence.
b) In the event of stoppage under clause (a) during working hours, the
workman affected shall be notified as soon as practicable when work will be
resumed and whether they are to remain on leave the establishment. The
period of detention in the establishment shall not ordinarily exceed one hour
after commencement of the stoppage. If the period of detention exceeds one
hour, workman so detained shall be entitled to receive wages including all
allowances for the whole of the time during which they are detained in the
establishment as a result of the stoppage. In case of piece-rate workman, the
average daily earnings for the previous month shall be taken to be daily
wages.
c) Whenever practicable, reasonable notice shall be given of the resumption of
normal work and all such workmen laid off under this standing order, who
present themselves for work, when work is resumed shall be given preference
for employment.
d) All notices required to be given under the Standing Orders shall be
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displayed on notice boards at the time keeper's office and at the main entrance
of the establishment where a notice pertains to a particular department or
department concerned.
e) The notice to be given and compensation to be paid to the workmen
affected as a result of stoppage of work under this standing order, would be
subject to the provisions of the Industrial Disputes Act,1947, and the Rules
framed thereunder.
23. Strike:
The Employer may, in the event of a strike or slow down in work affecting
either wholly or partially any section or department close down either is
affected by such strike or slow down, such section or department as soon as
practicable, notify by notices displayed on the notice boards in the
departments concerned, and in the traffic office or at or near the main entrance
of the establishment. The workmen concerned shall also be notified by a
general notice put up at the place where notice of closure mentioned above
are to be displayed prior to the resumption of work as to when the work
will be resumed.
25. Retirement:
The superannuation/retirement age shall be 58 years. Every workman shall
retire on attaining the age of 58 years. However, for medical reasons, the
Corporation may retire a person before attaining the prescribed age of
superannuation if he is unfit as declared by the Medical Authority.
26. Secrecy:
a) No workman shall orally or by writing to any person (including a co-
workman) or by publication in any of the newspapers, journals, books,
pamphlets or leaflets or by speech or discussion at any place disclose or
cause to be disclosed at any time during service any information or documents
relating to the Corporation, except with the approval of the Management.
b) No workman shall give any information or advice relating to the activities of
the Corporation to anybody not connected with the Corporation unless it is
necessary to do so in connection with the work assigned to the workman by
the Corporation.
c) No workman is permitted to carry with him, outside the Establishment
premises, any paper, books, drawings, photographs, instruments, apparatus,
documents or any other property belonging to the Corporation, provided that
this prohibition shall not apply to those workmen who have obtained special
and specific written permission from the Management to do so.
d) No workman is permitted to take notes, drawings or sketches for his own
personal and private use, of any plant, process or work or keep copies of
official papers with him.
e) Any book, drawing, sketches, photographs and similar papers containing
notes or information relating to the Corporation's business affairs or operations
shall always be treated as Corporation's property, whether prepared by a
workman or otherwise.
f) A breach of any of these secrecy regulations shall be regarded as
misconduct under these Standing Orders.
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27. Safety Precautions:
a) Workmen shall engage themselves only in operations at the machine or the
duties to which they have been posted. The executions of their duties must be
in same manner laid down for the operation etc., of the machine or duty
concerned.
b) Removal of guards or safety devices, cleaning of machines while they are
running etc., are expressly forbidden.
c) Safety instructions given or posted on the Notice Board are to be followed.
d) Workmen shall use the safety equipment and appliances provided for the
respective jobs by the Corporation.
e) Safety and protective equipment provided by the Corporation, are intended
for use inside the establishment premises only and shall not be taken out
without permission. Violation of this rule shall be treated as theft of
Corporation's property.
xx) Habitual breach of any standing order or any law applicable to the
establishment or any rules made there under.
xxi) Collection without the permission of the Manager, any money for any
purpose whatsoever at any time within the premises of the establishment
except as sanctioned by any law for the time being in force.
xxii) Engaging in any money lending or trade or work not for or assigned by the
Corporation or for personal gain within the premises of the establishment.
xxiii) Drunkenness, riotous, disorderly, indecent or improper behavior on the
premises of the establishment or outside the premises of the establishment, if
it adversely affects or is likely to affect the working or discipline of the
establishment.
xxiv) Commission of any act subversive of discipline or good behavior on the
premises or precincts of the establishment.
xxv)Habitual neglect of work or gross or habitual negligence or gross neglect
of work or malingering.
xxvi) Habitual breach of any rules of instruction for the maintenance of the
cleanliness of any portion of the establishment.
xxvii) Habitual commission of any act or omission for which a fine may be
imposed under the payment of Wages Act, 1936.
xxviii) Canvassing for Union membership or the collection of Union dues, funds
or contribution within the premises of the establishment, except in accordance
with the provisions of any law or with the written permission of the Manager.
xxix) Damage or loss whether wilful or due to irresponsible action, or damage
due to negligence or carelessness to or/of any property of the establishment.
xxx) Holding, organising, attending or taking part in any way in any meeting
inside the premises of the establishment without the previous written
permission of the Manager or except in accordance with the provisions of any
law for the time being in force.
xxxi) Disclosing to any unauthorised person any information in regard to the
processes or drawing or formula or similar matters of the establishment which
may come into the possession of the workman in the course of his work or
employment and breach of any of the secrecy regulations prescribed under
clause 26.
xxxii) Gambling within the premises of the establishment.
Explanation:
Any act of misconduct which is committed on three or more occasions within a
space of 12 months shall be treated as 'Habitual'.
D. i) A workman who is placed under suspension under clause (c) (iii) shall,
during the period of such suspension, be paid a subsistence allowance at the
following rates namely:
i) Where the enquiry contemplated or pending is departmental, the subsistence
allowance shall, for the first ninety days from the date of suspension be equal
to half of the basic wages, dearness allowances and other compensatory
allowances to which the workman would have been entitled if he were on leave
with wages. If the departmental enquiry gets prolonged and the workman
continues to be under suspension for a period exceeding ninety days, the
subsistence allowance shall for such period beyond 90 days be equal to three
fourths of such basic wages, dearness allowance and other compensatory
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allowance. Provided that where such enquiry is prolonged beyond a period of
ninety days for reasons directly attributable to the workman, the subsistence
allowance shall, for the period exceeding ninety days, be reduced to one fourth
of such basic wages, dearness allowance and other compensatory
allowances.
ii) Where the enquiry is by an outside agency or, as the case may be, where
criminal proceedings against the workman are under investigation or trial, the
subsistence allowances shall, for the first one hundred and eighty days from
the date of suspension be equal to one half of his basic wages, dearness
allowance and other compensatory allowance to which the workman would
have been entitled to if he were on leave. If such inquiry or criminal
proceedings get prolonged and the workman continues to be under
suspension for a period exceeding one hundred and eighty days, the
subsistence allowances shall for such period be equal to three fourths of such
wages.
Provided that where such inquiry or criminal proceedings 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.
F. If on the conclusion of the inquiry, or, as the case may be, of the criminal
proceedings, the workman has been found guilty of the charges framed
against him and it is considered after giving the workman concerned, a
reasonable opportunity of making representation on the penalty proposed, that
an order of dismissal or suspension of fine or stoppage of annual increment or
reduction in rank would meet the ends of justice, the Manager or any other
authorised persons shall pass an order accordingly.
Provided that when an order of dismissal is passed under this clause, the
workman shall be deemed to have been absent from duty during the period of
suspension and shall not be entitled to any remuneration for such period, and
the subsistence allowance already paid to him shall not be recovered.
G. If on the conclusion of the inquiry, or as the case may be, of the criminal
proceedings, the workman has been found to be not guilty of the charges
framed against him, he shall be deemed to have been on duty during the
period of suspension and shall be entitled to the same wages as he would
have received if he had not been placed under suspension after deducting the
subsistence allowance paid to him for such period.
30. Misdemeanour:
A workman may be warned, censured or fined for any of the following acts and
omissions (which are illustrative and not exhaustive):
a) Absence without leave or without sufficient cause.
b) Late attendance.
c) Negligence in performing duties.
d) Neglect of work.
e) Absence without leave or without sufficient cause from the appointed place
of work.
f) Entering or leaving or attempting to enter or leave the premises of the
establishment except by a gate or entrance appointed.
g) Committing nuisance on the premises of the establishment.
h) Breach of any rule or instruction for maintenance or running of any
department.
Provided that no workman shall be fined, except in accordance with the
provisions of the payment of Wages Act, 1936, where the provisions of the
said Act are applicable to him.
34. Accidents:
a) If a workman sustains injury by accidents while on Corporation work, the
workman shall immediately report to his superior or Manager who will arrange
for first aid to be given and/or send him to the E.S.I.C. hospital or panel Doctor
for Medical aid/treatment as may be found necessary. The workman
concerned will co-operate in getting the required medical aid/treatment from
the E.S.I.C./ panel Doctor or as recommended by them. The Superior
concerned will record every reported accident with relevant details.
b) Any accident not reported, as stated above, shall be deemed to have
occurred outside the Establishment premises and not out of and in the course
of Corporation Employment and the Corporation shall not have any liability or
responsibility whatsoever in this connection.
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35. Complaints and Grievances:
a) Any workman desirous of redress of a grievance arising out of his
employment or relating to unfair treatment or wrongful execution on the part of
a superior, shall submit a complaint to the Manager or any officer appointed by
the Manager in this behalf.
b) The Manager or any such Officer shall personally investigate the complaint
at such time and places as he may fix.
i) Any other workman of his choice shall have right to present at such
investigation. Where the complaint alleges unfair treatment or wrongful
execution on the part of a superior, a copy of the order finally made by the
Manager, shall be intimated to the complainant. Provided that the complaints
relating to assault or abusal of any person holding a supervisory position shall
be enquired into immediately by the Manager or such other Officers as he may
appoint.
36. Notices, Orders, Etc.:
a) Notices to be exhibited or given under these Standing Orders shall be in
English and in the Principal Regional language of the districts in which the
establishment is situated.
b) i) Any Notice, order, Charge sheet, communication or intimation which is
personal i.e. Is meant for an individual workman and is given in writing under
these Standing Orders, shall be given in the language understood by the
workman concerned.
ii) Before such a notice, order, charge sheet, communication or intimation is
handed over to the workman, it shall be read out and explained to him if he so
desires.
39. Appeal:
The decision of the Manager upon any question arising out of or in connection
with, or incidental to these Standing Orders shall be subject to an appeal to the
Managing Director.
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40. Exhibition of Standing Orders:
A copy of the Standing Orders in English and in the Regional language of the
employees shall be posted on the Corporation's Notice Board and shall be
kept in eligible condition.
CERTIFIED COPY
Sd/-
( S. A. DESHPRABHU )
Asstt. Labour Commissioner
&
Certifying Officer
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