Section 14 in The Industrial Employment (Standing Orders) Central Rules, 1946
14. Disciplinary action for misconduct.-(1) A workman maybe fined up to two per cent of his wages in a month for any of the following acts and omissions, namely :-
..................................................................................................................................................................................................................................................Note.-Specify the acts and omissions which the employer may notify with the previous approval of the ..................................... Government or of the prescribed authority in pursuance of section 8 of the Payment of Wages Act, 1936.(2)A workman may be suspended for a period not exceeding four days at a time or dismissed without notice or any compensation in lieu of notice, if he is found to be guilty of misconduct.(3)The following acts and omissions shall be treated as misconduct :-(a)wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior;(b)theft, fraud or dishonesty in connection with the employers' business or property;(c)wilful damage to or loss of employers' goods or property;(d)taking or giving bribes or any illegal gratification;(e)habitual absence without leave or absence without leave for more than 10 days;(f)habitual late attendance;(g)habitual breach of any law applicable to the establishment;(h)riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline;(i)habitual negligence or neglect of work;(j)frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent. of the wages in a month;(k)striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.(l)[ Sexual harassment which includes such un-welcome sexually determined behaviour (whether directly or by implication) as-- [Inserted by G.S.R. 386, dated 5.11.1999 (w.e.f. 20.11.1999)](i)physical contact and advances; or(ii)a demand or request for sexual favours; or(iii)sexually coloured remarks; or(iv,) showing pornography; or(v)any other un-welcome physical, verbal or non-verbal conduct of sexual nature:][Provided that where there is a complaint of sexual harassment within the meaning of clause (1) of sub-paragraph (3), the Complaints Committee constituted under sub-paragraph (3-B) in each establishment for inquiring into such complaints, shall, notwithstanding anything contained in paragraph 15, be deemed to be the inquiring authority appointed by the employer for the purpose of these rules.(3-A) The Complaints Committee shall hold the inquiry, unless separate procedure has been prescribed for the Complaints Committee for holding such inquiry into the complaints of sexual harassment, as far as practicable, in accordance with the procedure laid down in these rules.(3-B) The Complaints Committee shall consist of-(a)a Chairperson who shall be a woman;(b)two members representing Non-Governmental Organisation (NGO) or any other body which is familiar with the issue of sexual harassment or nominees of the National or State Human Rights Commission or the National or State Commission for Women familiar with the issue of sexual harassment, to be nominated by the employer:Provided that one of the two members of the Complaints Committee shall be a woman.(3-C) The Complaints Committee shall make and submit every year an annual report, to the appropriate Government, of the complaints and action taken.(3-D) The employers or their agents shall report, to the appropriate Government, on the compliance of the guidelines issued by the Central Government in pursuance of the directions of the Supreme Court in Writ Petition (Criminal) Nos. 666-670 of 1992 [Vishaka v. State of Rajasthan, (1997) 6 S.C.C. 241: 1997 S.C.C. (Crl.) 932] including on the reports of the Complaints Committee.] [Inserted by Notification No. G.S.R. 25(E), dated 19.1.2006 (w.e.f. 18.12.1946)](4)(a)Where a disciplinary proceeding against a 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 date 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.(b)[ A workman who is placed under suspension shall be paid subsistence allowance in accordance with the provisions of section 10-A of the Act.] [Substituted by G.S.R. 910, dated 10.8.1984.](ba)In the inquiry, the workman shall be entitled to appear in person or to be represented by an office bearer of a trade union of which he is a member.(bb)The proceedings of the inquiry shall be recorded in Hindi or in English or the language of the State where the industrial establishment is located, whichever is preferred by the workman.(bc)The proceedings of the inquiry shall be completed within a period of three months :Provided that the period of three months may, for reasons to be recorded in writing, be extended for such further period as may be deemed necessary by the inquiry officer.] [Inserted by G.S.R. 824, dated 30.6.1975](c)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 or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer 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 be recovered :Provided further that where the period between the date on which the workman was suspended from duty pending the inquiry or investigation or trial and the date on which an order of suspension was passed under this clause exceeds 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 of annual increment or reduction in rank is passed under this clause, the workman 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:Provided also that in the case of a workman to whom the provisions of clause (2) of article 311 of the Constitution apply, the provisions of that article shall be complied with.(d)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 any 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.(e)The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension.(5)[] [Cl. (6) renumbered as Cl. (5) by G.S.R. 1128, dated 18.7.1967] In awarding punishment under this standing order, the [authority imposing the punishment] [Cl. (6) renumbered as Cl. (5) by G.S.R. 1128, dated 18.7.1967] shall take into account the gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances that may exist. A copy of the order passed by the authority imposing the punishment] [Substituted by G.S.R. 824, dated 30.6.1975] shall be supplied to the workman concerned.(6)[(a) A workman aggrieved by an order imposing punishment may, within twenty-one days from the date of receipt of the order, appeal to the appellate authority.(b)The employer shall, for the purposes. of clause (a), specify the appellate authority.(c)The appellate authority, after giving an opportunity to the workman of being heard, shah pass such order as he thinks proper on appeal within fifteen days of its receipt and communicate the same to the workman in writing.]
