Section 22 in U.P. Distillery Industry (Employment of Workmen and Conditions of Service) Standing Orders, 1986
22. Acts or omissions constituting as Misconduct.
- The following acts or omissions shall be treated as misconduct:(1)Wilful insubordination or disobedience whether alone or in combination with others of any lawful and reasonable order of a superior;(2)Striking work either singly or with other workmen without giving due notice prescribed by law and rules having the force of law;(3)Inciting an workman/workmen to strike (or go slow);(4)Theft, fraud or dishonesty in connection with business or property of the Industrial establishment;(5)Taking or giving bribe in cash or kind or abetting any such transaction;(6)The collection of any money for purposes not authorised by the employer within the premises of the Industrial establishment;(7)Wilful damage or loss to employer's goods or property;(8)Habitual absence without leave or absence without leave for more than eight days;(9)Habitual late attendance;(10)Habitual breach of law applicable to the Industrial establishment;(11)Habitual negligence or neglect of work;(12)Frequent repetition of any act or omission for which fine may be imposed as per provisions of Payment of Wages Act, 1936;(13)Distribution or exhibition inside the premises of the Industrial establishment any handbills, pamphlets, posters or holding meetings without previous written permission of the Manager.(14)Refusal to work on another machine of the same type or to do work of nature similar to the work he has been doing.(15)Disclosing to any unauthorised person or persons any working secret of the Industrial establishment which is likely to cause loss/harm to the Industrial establishment;(16)The sale of any commodity, tickets, coupons or tokens of any lottery or raffles within the premises of the Industrial establishment;(17)Sleeping while on duty;(18)Breach of any rules or reasonable instructions for the maintenance and running of any department and maintaining its cleanliness;(19)Drunkenness or gambling or riotous or disorderly behaviour;(20)Smoking in the factory premises in places where smoking is prohibited;(21)Failure to observe safety regulations contained in the Schedule and other safety instructions, unauthorised removal or interference with or damage to machinery guards fencing and other safety devices installed in the factory;(22)Malingering or deliberate delaying of production;(23)Threatening or intimidating an employee of the factory;(24)Making unauthorised construction in a quarter provided by the factory or in factory colony;(25)Any other act subversive of discipline.Explanation. - Any act of misconduct which is committed on less than three occasions within a period of one year shall not be treated as "Habitual".
