INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946

The Object : The purpose of the act is to standardise service conditions of

employees. It takes away employers right to unilatery fix service Rules.
A!"c#b"!"t$ : The Industrial employment standing order applies to every
undertaking / establishment where 50 or more workmen are employed.
orkmen shall be classified as !
%Pe&'#(e(t )*&+'#(% means a workman who has been employed on a
permanent basis.
%P&*b#t"*(e&% means a workman who is provisionally employed to fill a
permanent vacancy.
%,#-!"% *& %S.b/t"t.te% means a workman who is appointed to the post of a
permanent work or probationer who is temporarily absenting.
%Te'*&#&$ 0*&+'#(% means a workman who has been appointed to a
limited period for work which is of an essentially temporary nature and who is
employed temporarily as an additional workman in connection with temporary
increase in work of a permanent nature.
%C#/.#! )*&+'#(% means a workman who is employed for any work which is
not incidental to or connected with the main work of manufacturing process
carried on in the establishment and which is essentially of a casual nature.
%A&e(t"ce% means a workman who is a learner and who may or may not be
paid an allowance during the period of his training.
G&#(t *1 Le#2e :
"rant of leave to a workman shall depend on the exigencies of the establishment
and shall be at the discretion of the #anager.
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% workman who desires to obtain leave of absence shall apply in writing to the
#anager. &uch application for leave shall be made at least seven days
before the date' from which leave is to commence' except in urgent cases or
unforeseen circumstances.
% workman remaining absent beyond the period of leave originally granted or
subse(uently extended' shall be liable to lose his lien on his appointment
unless he returns within eight days of the expiry of the sanctioned leave.
)very workman shall be entitled to casual leave.
*asual leave shall be non+cumulative and no leave of any kind may be
combined with casual leave.
)xcept for emergent reasons' casual leave shall be limited to three days at a
time.
,olidays declared by the establishment and weekly holidays may be prefixed
or suffixed to casual leave.
Othe& &*2"/"*(/ :
-o workman shall enter or leave the premises of the establishment except by the
gate or gates appointed for the purpose.
%ny workman may' when leaving the department or the establishment be
searched at the points of exit.
%ny female worker may be detained by the gateman or any person appointed
by the #anager for the purpose of search by a female searcher.
)very search shall be conducted in the presence of not less than two persons
and a female worker shall not be searched in the presence of any male
person' except with her consent.
.
M"/c*(-.ct/ :
The following acts and commissions on the part of a workman shall amount to
misconduct !
illful insubordination or disobedience of any lawful and reasonable order of a
superior.
"oing on an illegal strike or abetting' inciting' instigating or acting in
furtherance thereof.
illful slowing down in performance of work or abetment or instigation thereof.
Theft' fraud or dishonesty in connection with the employer/s business.
Taking or giving bribes or any illegal gratification.
,abitual absence without leave or absence without leave for more than ten
consecutive days or overstaying the sanctioned leave without sufficient
grounds.
0ate attendance on not less than four occasions within a month.
,abitual breach of any standing order.
*ollection without the permission of the #anager of any money.
)ngaging in trade within the premises of the establishment.
1runkenness' riotous' disorderly or indecent behaviour on the premises of the
establishment.
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*ommissions of any act subversive of discipline or good behaviour on the
premises of the establishment.
,abitual neglect of work.
illful damage to work in process or to any property.
,olding meeting inside the premises of the establishment without the previous
permission of the #anager.
1isclosing to any unauthori3ed person any information in regard to the process
of the establishment which may come into the possession of the workman in
the course of his work.
"ambling within the premises of the establishment.
&moking or spitting on the premises of the establishment where it is prohibited
by the employer.
4ailure to observe safety instructions notified by the employer.
Refusal to accept a charge+sheet' order or other communication served in
accordance with these &tanding 5rders.
6nauthorised possession of any lethal weapon.
-o act of misconduct which is committed on less than three occasions within a
space of one year shall be treated as /habitual/.
Se3.#! h#&#//'e(t 0h"ch "(c!.-e/ .(0e!c*'e /e3.#! -ete&'"(e- beh#2"*.&
/.ch #/:
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8hysically contact and advances9 or
1emand or re(uest for sexual favours9 or
&exually coloured remarks9 or
&howing pornography9 or
%ny other unwelcome physical' verbal or non+verbal conduct of sexual nature.
PUNIS4MENTS :
% workman guilty of misconduct may be !
warned or censured or
fined sub:ect to and in accordance with the provisions of the 8ayment of
ages %ct.
&uspended by an order in writing signed by the #anager for a period not
exceeding four days or
dismissed without notice
-o order of dismissal shall be made except after holding an en(uiry against the
workman concerned in respect of the alleged misconduct in the manner set forth
in clause.
E(5."&$ :
% workman against whom an in(uiry is proposed to be held shall be given a
charge+sheet clearly setting forth the circumstances appearing against him and
re(uiring his explanation.
,e shall be permitted to appear himself for defending him or shall be permitted
to be defended by a workman working in the same department as himself or
by any office bearer of a trade union of which he is a member.
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)xcept for reasons to be recorded in writing by the officer holding the in(uiry'
the workman shall be permitted to produce witness in his defence and cross+
examine any witness on whose evidence the charges rests.
% concise summary of the evidence led on either side and the workman/s plea
shall be recorded.
%ll proceedings of the in(uiry shall be conducted in )nglish' ,indi or #arathi
according to the choice of the workman concerned and the person defending
him. The in(uiry shall be completed within a period of three months.
S./e(/"*( Pe(-"(6 E(5."&$ :
orkman who is placed under suspension shall during the period of such
suspension be paid a subsistence allowance at the following rates namely!
4or the first ninety days of the suspension period subsistence allowance to be
paid per month shall be e(ual to one+half of basic wages' dearness
allowance and other compensatory allowances.
If the en(uiry gets prolonged and the workman continues to be under
suspension for a period exceeding ninety days' the subsistence allowance to
be paid per month for a further period of ninety days shall be e(ual to three
fourths of such basic wages' dearness allowance and other compensatory
allowances.
If the en(uiry is not completed within a period for $;0 days' the workman shall
be paid basic wages' dearness allowance and compensatory allowance in
full as subsistence allowance to be paid per month until such time as the
in(uiry is finally concluded.
8rovided that' where the findings of the In(uiry 5fficer show that such en(uiry
is prolonged beyond a period of <0 days' or as the case may be $;0 days for
reasons directly attributable to the workman' subsistence allowance to be
paid per months shall for the period exceeding <0 days or as the case may
be $;0 days' shall be reduced to one half of such basic wages' dearness
allowance and other compensatory allowance.
The age for retirement or superannuation of the workman may be sixty years
or such other age as may be agreed upon between the employer and the
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workman by any agreement' settlement or award which may be binding on
the employer and the workmen under any law for the time being in force.
Ge(e&#! :
-o service rules framed by employer should be inconsistent with standing
orders.
-o penalty can be imposed on a workman for misconduct not enumerated in
the standing orders.
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