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State of Uttar Pradesh - Act

U.P. Distillery Industry (Employment of Workmen and Conditions of Service) Standing Orders, 1986

UTTAR PRADESH
India

U.P. Distillery Industry (Employment of Workmen and Conditions of Service) Standing Orders, 1986

Rule U-P-DISTILLERY-INDUSTRY-EMPLOYMENT-OF-WORKMEN-AND-CONDITIONS-OF-SERVICE-STANDING-ORDERS-1986 of 1986

Published on 27 September 1986
Commenced on 27 September 1986
[This is the version of this document from 27 September 1986.]
[Note: The original publication document is not available and this content could not be verified.]

U.P. Distillery Industry (Employment of Workmen and Conditions of Service) Standing Orders, 1986Published vide Notification No. 4668/36-3-20(SA)-81, dated 27th September, 1986, published in the U.P. Gazette (Extraordinary), Part 4, Section (Kha), dated 27th September, 1986Whereas, it was decided unanimously in the State Labour Tripartite Conference held on August 29, 1981 to constitute a committee to prepare the Draft Standing Orders taking into consideration the making of uniform Standing Orders for all the Distillery Industries in Uttar Pradesh;And whereas, the State Government accordingly constituted a Committee under Notification No. 1517/36-3-20(SA)-81, dated July 15,1982;And whereas, the Committee unanimously prepared on December 26, 1983 the uniform draft Standing Orders for all the Distillery Industries in Uttar Pradesh;And whereas, in the opinion of the State Government it is necessary to enforce the decision of the said committee for securing public convenience and maintenance of public order and for maintaining employment;Now, therefore, in exercise of the powers under Section 3 of the U.P. Industrial Disputes Act, 1947 (U. P. Act No. XXVIII of 1947) and in supersession of Government Notification No. 3628 (ST)/XXXVI-A-190 (ST)-66, dated September 25,1967, the Governor is pleased to make the following orders which shall be observed by every Distillery Industry in Uttar Pradesh for a period of one year in the first instance.

2. Any person contravening or attempting to contravene or abetting the contravention of any of the provisions of the aforesaid orders shall be liable to conviction under Section 14 of the U. P. Industrial Disputes Act, 1947 and punishment with imprisonment which may extend to three years or with fine or with both.

3. The Governor is further pleased to order under Section 19 of the said Act that notice of this order shall be given by publication in the Gazette.

1. Short title and commencement.

(1)These orders may be called the Uttar Pradesh Distillery Industry (Employment of Workmen and Conditions of Service) Standing Orders, 1986.

(2)They shall come into force from the date of their publication in the Gazette.

2. Definitions.

- In these orders unless the context otherwise requires-

(i)'Act' means the Industrial Employment (Standing Orders) Act, 1946 (Act No. 20 of 1946);

(ii)'Company' means the Company registered under the Companies Act, 1956;

(iii)'Form' means the Form appended to these Standing Orders;

(iv)'Manager' means General Manager, or acting Manager for the time being including Works Manager or Factory Manager or Secretary or such other person or persons as may be authorised to exercise all or any of the powers under the Standing Orders.

(v)'Management' means the Company's Managing Director, Director, Directors, Proprietor, Proprietors, Secretaries or such other person or persons as may be authorised in this behalf and notified;

(vi)The masculine includes the feminine;

(vii)'Muster Roll' means the Attendance Register or Registers maintained in the industrial establishments as record of the daily attendance of the workmen employed therein, such as that maintained in factories under the provisions of the Factories Act for the time being in force;

(viii)'Notice' means a notice in writing required to be given or pasted for the purpose of these Standing Orders;

(ix)'Notice Board' means the notice board specially maintained in a conspicuous place at or near the main entrance to the industrial establishment for the purpose of displaying notices required to be pasted or affixed under the provisions of these Standing Orders and clearly marked 'STANDING ORDERS';

(x)'Rules' means the U. P. Industrial Employment (Standing Orders) Rules, 1946;

(xi)The following terms shall have the meanings assigned to them in the Act and the Rules-

(a)Appellate Authority;

(b)Labour Commissioner;

(c)Certifying Officer;

(d)Employer;

(e)Industrial Establishment;

(f)Association of Employers;

(g)Workman.

3. Classification of Workmen.

(1)Workman shall be classed as:

(a)Permanent;

(b)Probationer;

(c)Substitute;

(d)Temporary;

(e)Apprentice or Trainee.

(2)A 'Permanent' workman is one who has been engaged on a job of permanent nature and who has completed his probationary Period as prescribed.

(3)

(a)A 'Probationer' is one who has provisionally been employed for a period to be specified .by the Management/Manager to fill a permanent vacancy or a new post of permanent nature and who may be confirmed at the completion of that period if his services are found satisfactory. The probation period shall ordinarily not exceed six months, but in case of a workman other than unskilled workman, this period of six months can be extended up to nine months:

Provided that services of a probationer can be terminated before the completion of the probationary period. If no order is passed and issued within a month of the expiry of the probationary period, the workman shall be deemed to be confirmed.

(b)If a permanent workman is promoted to higher position, he shall be deemed to be on probation on that higher post for a period not exceeding six months. In case his work during this period is not found satisfactory, he shall be reverted to his old permanent post.

(4)A 'Substitute' is one who is employed on the post of a permanent workman or a probationer, who is temporarily absent on leave or otherwise.

(5)A 'Temporary' workman is one who has been engaged for work which is of a temporary nature or who has been engaged to fill a temporary need or extra hand on permanent job or a person who has been engaged for a specific period. Services of a temporary workman can be terminated at any time without any notice.

(6)An 'Apprentice/Trainee' is a learner who is kept for the period of his training and on the stipend as provided under the Apprentices Act, 1961 (Act No. 52 of 1961) and the Rules framed thereunder.

4. Enrolment, Muster Roll, Tickets, Cards or tokens.

(1)Every workman on enrolment shall sign the prescribed form appended to these orders in Form 'A'.

(2)The name of every workman without exception shall be entered in the Muster Roll.

(3)In the Muster Roll against the name of every workman without exception shall be clearly indicated the designation and classification to which he belongs.

(4)Tickets. - (a) Every permanent workman shall be given a permanent ticket, card or token in Form 'B'.

(b)Every workman may be provided with an identity card and he shall on being required to do so show it to any person authorised by the Manager to inspect it.

(c)Every substitute shall be provided with a 'Substitute ticket' in Form 'D'.

(d)Every temporary workman shall be provided with a 'temporary ticket' in Form 'C'.

(e)Every Apprentice/Trainee shall be provided with an 'apprentice ticket' in Form 'E'.

(f)Every probationer workman shall be provided with a probationer ticket in Form 'F' which shall be surrendered if he obtains permanent employment.

(g)Should a workman lose or at the time of ceasing to be employed fail to deposit his ticket, card or token, he shall be liable to pay the sum of fifty paise for the cost thereof.

5. Notice specifying closure days, Payment of Wages Days and working hours etc.

(1)The days on which the Industrial establishment will be closed shall be notified on the Notice Board.

(2)The days on which wages will be paid shall also be notified on the Notice Board at least Twenty-four hours in advance.

(3)The periods and hours of work for all class of workers in each shift shall be exhibited in accordance with the Factories Act.

6. Shift Working.

(1)Shifts shall be regulated in accordance with the provisions of the Factories Act for the time being in force in Industrial establishments which are amenable to that Act. More than one shift may be worked in a department or departments or any section of a department at the discretion of the Management. If, however, there are collective agreements or awards for regulating shift working they shall be adhered to in so far as they are not inconsistent with the Factories Act, in the case of Industrial establishments to which that Act is applicable.

(2)Shifts may be altered at the discretion of the Management.

(3)Shift working shall be so arranged that no workman will be employed in the night shift for more than fifteen days at a time, after which he must be rotated to the day shift for a period not less than that worked by him in the night shift:Provided that in the case of factories covered by the Factories Act for the time being in force, if three, eight hour shifts are worked the change of the shifts shall be by rotation in accordance with the Factories Act.

(4)Shift working may be discontinued after posting a notice on the notice board. Notice of seven days of discontinuance of shift shall be given:Provided that it shall not be necessary to give seven days' notice if as a result of the discontinuance of the shift, no permanent workman is discharged :Provided further that it shall not be necessary to give any notice of the discontinuance of a 'temporary shift' which at the time of its institution had been declared to be a 'temporary shift' by a notice pasted on the notice board.If the plant or boiler is required to be repaired in any distillery then it would not be necessary to give seven days' notice for discontinuation of shift. Only twenty four hours notice for discontinuing the shift and resuming the shift shall be sufficient. The permanent worker of such shift when discontinued shall be required to resume his duty in general day shift.

(5)If more than one shift is working in the Mill, workmen would be liable to be transferred from one shift to another.

7. Attendance.

(1)Every workman shall be at work at the time fixed and notified by a notice pasted on the notice board. Any workman attending late shall be liable to be marked absent:Provided that no workman shall be left out who is late for not more than ten minutes of the starting time :Provided further that if a workman is late on more than three occasions in a month, he shall be marked absent for one full day.

(2)Any workman, who after presentation of his ticket, card or token is found absent from his place of work during working hours without valid permission or without any sufficient reason, shall be liable to be treated as absent.If, however, he is so absent from the premises of the Industrial establishment during working hours without permission, he shall be liable to be treated as absent for the whole day, in case his absence occurs before the recess period and for half a day in case his absence occurs after the recess period.

(3)The deduction from wages to be made for the period of absence under these Standing Orders shall be made in accordance with the provisions of the Payment of Wages Act, 1936 :Provided that the Management may in the alternative and at its discretion deal with such absence as a misconduct under the provisions of Standing Orders.

8. Leave.

(1)All the workmen of the Industrial Establishment shall be entitled for the following leave with full wages during a calendar year :

(a)	Annual leave	...	As per provisions of the Factories Act.
(b)	Casual leave	...	Six days.
(c)	Sickness leave	...	Ten days.

Sickness leave will be discontinued on the introduction of Employees' State Insurance Scheme and will be governed by its provisions.If in any factory the total quantum of casual and sickness leave is more than sixteen days then the existing workmen will continue to enjoy the existing quantum of leave. In the case of new entrants from the date of these Standing Orders, they will be entitled only for leave as per above schedule.

(2)The casual and sickness leave shall not be carried over to next year nor shall the workman be entitled to wages in lieu of unavailed casual leave/sickness leave.

(3)The workmen who are covered under the provisions of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 1962, shall be entitled to leave in accordance with the provisions of that Act.

(4)Any workman who desires to obtain leave of absence shall apply to an officer appointed for this purpose. In case the leave applied for is on medical grounds, he shall submit a medical certificate either from the Medical Officer of the factory or from a Registered Medical Practitioner :Provided that if the workman is living in a quarter provided by the industrial establishment, the workman concerned shall submit the certificate from the Medical Officer of the factory :Provided further that no medical certificate will be required if the sickness leave applied for is for a period of not more than two days :Provided also that if the workman has submitted a medical certificate from a Registered Medical Practitioner, he can be required to produce a certificate from the Medical Officer of the factory or from the Government Medical Officer of the District.

(5)Applications for leave of absence for less than three days duration must be made at least twenty-four hours before the commencement of the leave except on medical ground or death in the family in which case the application may be made on the same day.

(6)Application for leave of absence for more than three days duration shall be made at least seven days before the commencement of the leave applied for.

(7)Orders in writing shall be passed by the officer appointed for the purpose on all the applications for leave latest within three days following the receipt of the application, either refusing or sanctioning the leave of absence applied for :Provided that in the case of applications for leave of absence of an urgent nature, orders shall be passed without delay. If the application is refused, the officer shall record his reason for such refusal and if so required by the applicant communicate the reasons to him. The orders passed by the officer shall immediately be communicated to the applicant orally if he is present and in writing when the applicant is not present, provided that the applicant has given his address otherwise the intimation shall be sent at the address available in the records of the Industrial establishment.

(8)A workman granted leave of absence shall be given by the officer appointed a sign pass or certificate in Form 'G' showing the date on which the leave of absence shall have effect, and the date on which the workman shall have to report for work.In the event of a workman absenting himself for more than eight days without any information to the Manager, or remaining absent for more than eight days in excess of the period of leave granted or subsequently extended, he shall automatically lose his lien on his appointment and his name shall be struck off the rolls :Provided if he submits his explanation on his return to the satisfaction of the Manager of his inability to attend his duty, his absence may be condoned by the Manager otherwise his name shall be taken on the list of substitutes.

(9)A record shall be maintained of all leave of absence which is sanctioned.

(10)In the event of a workman applying for an extension of the period of his leave, he shall make an application in writing before the expiry of the sanctioned leave and shall immediately on receipt of such application be informed in writing at the address given whether the extension of leave applied for has been sanctioned, and if so for what period.A certificate of posting granted by the post office shall be deemed to be sufficient proof of a reply having been sent:Provided that the application for the extension of leave shall be made by the workman sufficiently in advance preferably by a telegram or registered post.

9. Holidays.

- The management in consultation with the workmen's union, will prepare a list of holidays for the next calendar year before the' close of a calendar year and will paste the same on the notice board of the Industrial establishment for the information of all concerned.The following holidays will be admissible to the workmen under these Standing Orders :

Common for All:
1.	Republic Day	...	One
2.	Holi	...	One
3.	Independence Day	...	One
4.	Mahatma Gandhi's Birthday	...	One
5.	Dewali	...	One
Restricted Holidays :
1.	Raksha Bandhan	...	One
2.	Janmastami	...	One
3.	Dushehra	...	One
4.	Ganga Ashnan/Guru Nanak Birthday	...	One
5.	Last-Friday of Ramjan	...	One
6.	Id-ul-Fitr	...	One
7.	Id-ul-Zuha	...	One
8.	Moharram	...	One

Each workman of the Factory may be allowed to select four holidays out of eight restricted holidays detailed above, subject to the condition that he shall inform the management at least seven days prior to availing each such restricted holiday.If in any Industrial establishment the workmen are entitled to more than nine aforesaid festival holidays then the workmen in that Industrial establishment shall continue to enjoy them and the number of holidays in their case shall not be curtailed.It shall, however, be open to the Management to require the workmen to work on any festival holiday in case of exigencies of work but in such case the workmen so required to work shall be paid one day extra wages.If a festival holiday falls on a weekly holiday then the workmen shall be entitled for one day extra wage in lieu thereof.

10. Conditions for promotion of Workmen.

- Promotions to workmen shall be granted without discrimination and with due regard to seniority and suitability.

11. Entry and Exit only through Gates appointed.

- No workman shall enter or leave the premises of an Industrial establishment except by the gate or gates specified for this purpose.

12. Workmen to leave the premises of the Industrial Establishment.

- Any workman, who has been granted leave or has been laid off, suspended, discharged, or has resigned or is not working for any reason, shall leave the premises of the Industrial establishment immediately unless he applies and is permitted by the Manager to stay there.

13. Liability to search on leaving the premises of the Industrial Establishment.

- All the workmen shall be liable to be detained and searched while leaving the premises of the Industrial establishment by the gateman or by any person duly authorised and notified by the employer for the purpose :Provided that a female workman shall be searched only by an authorised female employee:Provided further that search of a workman detained shall be made in the presence of one other person of the same sex as the workman detained for search.

14. Laying off owing to closure due to fire, breakdown of machinery, failure of power etc.

(1)The employer may at any time in the event of fire, catastrophe, breakdown of machinery or stoppage of the power supply, epidemic, civil commotion or any other cause, whether of like nature or not, beyond the control of the employer, stop any machine or machines or department or departments, wholly or partially for any period or periods by giving prior notice of two days. If no notice of two days has been given, the employers shall pay wages in lieu of such notice.

(2)In the event of stoppage during the working hours the workmen affected shall be notified by notice put on the notice board in the department concerned and at the office of the Manager as soon as practicable, when work shall be resumed, and whether they are to remain or to leave their place of work. The workmen shall not be required to remain in the Industrial establishment for more than two hours after the commencement of the stoppage. If the period of detention exceeds two hours the workmen so detained shall be entitled to receive full wage for the whole day, if they are detained as a result of the stoppage, whenever practicable, reasonable notice shall be given of resumption of normal work and a copy of the same notice may be delivered to the secretary to the Union. If any workman is laid off under the provisions of this clause subject to the provisions of the U. P. Industrial Disputes Act, 1947 (U. P. Act No. XXVIII of 1947), the employer shall pay to the workman at least fifty per cent wages for the period he is laid off for any reason whatsoever.

15. Lay off for trade reasons.

- The employer may, at any time, in the event of shortage of orders or for any other trade reasons stop any machine or department wholly or partially for a period not exceeding six days in the aggregate (excluding statutory holidays) in any one calendar month by giving seven days notice or payment in lieu thereof.

16. Lock-out due to Strike.

- The employer in the event of a strike affecting either wholly or partially any section or department of the Industrial establishment declare a lock-out either wholly or partially in such section or department, or any other department affected by such strike, for any period or periods by giving notice, as prescribed under the law or payment in lieu thereof.

17. Termination of Employment.

- The employment of a permanent workman may be terminated on the following grounds :

(a)Retrenchment.

(b)Infirmity and Disability.

(c)Misconduct.

The Retrenchment shall be effected in the manner provided under the provisions of the Industrial Disputes Act, 1947 or the U. P. Industrial Disputes Act, 1947 and the Rules framed thereunder.For terminating the services of a permanent workman on the ground of infirmity and disability, the Management shall give him thirty days notice of its intention to do so. During the notice period, the concerned workman shall have the right to represent his case to the State Labour Commissioner. The aforesaid notice shall then remain in abeyance pending final decision in the matter by the State Labour Commissioner or if he so directs, by the Additional Labour Commissioner, Joint Labour Commissioner or the Deputy Commissioner of the area concerned.No notice shall be necessary for terminating the services of other categories of workmen other than permanent workmen.For terminating the services of a workman on the ground of misconduct, the Management will comply with the provisions of this Standing Order.Where the Employment of a workman is terminated by the Management, the wages earned by him shall be paid before the expiry of the working day following the day on which his employment was terminated, in accordance with the provisions of the Payment of Wages Act, 1936 subject to the concerned workman producing a 'no due slip' from the departments concerned.

18. Notice by Workmen.

- A permanent workman other than a permanent unskilled workman, who is desirous to leave the service of the Industrial establishment, shall give thirty days' notice of his intention to do so. In case of an unskilled workman, the notice period shall be seven days.

19. Retirement and Superannuation.

- A workman shall retire from the services on reaching the superannuation age of sixty years.The date of birth as given by the workman in the Provident Fund records will be entered by the Management in the service book of the workman, which will be prepared by the Management immediately and a copy thereof will be given to the workman. To being with, the date of birth recorded in the Provident Fund and service book of the workman will be deemed to be final. However, if a particular workman disputes his date of birth as recorded in the service book, then he may make a representation to the Management within six months of the date of receipt of service book by him or within six months from the date of enforcement of these Standing Orders as the case may be.While deciding the question of date of birth in representation submitted to the Management in the aforesaid manner the date of birth shall stand modified as warranted by the following :

(1)Date of birth as given in the High School certificate and if the School leaving certificate is for classes below Matriculation then such certificate must be authenticated by the District Inspector of Schools; or

(2)Date of birth as per the certified copy of the record of age in Municipal Board, Notified Area or Town Area Committee records; or

(3)Life Insurance Policy taken before the date of enforcement of these Standing Orders. On receiving a representation from the workman regarding his date of birth in his service book, the Management shall take an expeditious decision in the matter and shall communicate the same in writing to the workman. If a workman is aggrieved by the decision of the Management, he shall have a right to appeal to the Labour Commissioner within thirty days of the date of communication of the Management's decision in this behalf. The decision of the Labour Commissioner or his nominee not below the rank of a Deputy Labour Commissioner shall be final and binding.The Management shall give one month notice before retiring a workman.

20. Transfer of workmen.

- The Management may transfer a workman from one job to another from one department to another, from one shift to another without affecting his emoluments and status.

21. Service Certificate.

- A workman who is leaving the service of the Industrial establishment or his services are being terminated for any reason whatsoever shall be issued a service certificate in Form 'H' on receiving a request in writing from him. The service certificate shall be signed by an officer duly authorised to exercise his powers under these Standing Orders.

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".

23. Punishment of Misconduct.

- If a workmen is found guilty, after proper enquiry, by the Management, of the alleged misconduct, then he can either be dismissed, or suspended for a period not exceeding seven days, or his one annual increment can be stopped. The order of suspension or dismissal or stoppage of annual increment shall be in writing and shall contain the reasons for such action. Before awarding the punishment of suspension or dismissal or stoppage of annual increment the workman shall be issued a charge-sheet and shall be given an opportunity to explain the misconduct alleged against him. The action of suspension or dismissal or stoppage of annual increment shall be taken by the management after holding proper enquiry in which the workman concerned shall be given full opportunity to defend himself and the concerned workman shall be entitled to be represented by an office bearer of a union or by a co-worker, if the concerned workman is not a member of the union. In case he is a member of a union then he can be represented only by such office bearer who is an employee of the establishment.

24.

Before awarding punishment of dismissal or any other punishment, the management shall take into account the gravity of misconduct, the past record, if any, of the workman and any extenuating and aggravating circumstances that may exist. The order of dismissal or any other punishment shall be in writing and will be sent to the workman if present personally or through registered post at the recorded address of his residence.

25. Acts or omissions for which censure notices or fines may be imposed.

- Censure or warning notices in writing may be issued and fines imposed for the following acts or omissions and shall be done by the Manager and after the workman concerned has been given an opportunity of explaining the act or omission alleged against him :-

(i)Late attendence or absence from duty without leave or without sufficient cause;

(ii)Negligence in work or neglect of work;

(iii)Entering or leaving the premises of the Industrial establishment except by the gate or gates provided for the purpose;

(iv)Absence without leave or without sufficient cause from appointed place of work or machine;

(v)Breach of any rules or instructions for the maintenance, running of any department and maintaining its cleanliness;

(vi)Failure to wear tight fitting clothes provided by the employer in accordance with the U. P. Factories Rules, 1948.

26. Procedure for imposing Fines.

(1)Fines shall be imposed in accordance with the provisions of the Payment of Wages Act, 1936 and by an officer authorised under these Standing Orders, to impose fines.

(2)No fine shall be imposed unless the workman concerned has been given opportunity of explaining the act or omission alleged against him in accordance with the provisions of the Payment of Wages Act, 1936.

(3)All fines realised shall be credited to a special fund and shall be utilised only for the purpose beneficial to the workmen of the factory approved under the Payment of Wages Act, 1936.

27. Deductions for damage to or loss of goods or money.

- Deductions may be made for damage to or loss of goods expressly entrusted to the workman for custody or for loss of money for which he is required to account for where such damage or loss is directly attributable to his neglect or wilful default. The deduction on this account may be made as if the workman was amenable to provisions of clause (g) of sub-section (2) of Section 7 of the Payment of Wages Act, 1936.

28. Suspension pending enquiry into alleged misconduct.

(1)Where a disciplinary proceeding against the workman is contemplated, or is pending, 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.

(2)A workman who is placed under suspension under clause (1) shall, during the period of such suspension, be paid suspension allowance at the following rates, namely,-

(a)The suspension allowance shall, for the first ninety days from the date of suspension, shall be equal to one-half of the basic wages, dearness allowance and other compensatory allowance to which the workman would have been entitled if he was on leave with wages. If the domestic enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the suspension allowance shall, for such period, be equal to three-fourth of such basic wages, dearness allowance and other compensatory allowances:

Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the suspension allowance shall, for the period exceeding ninety days shall continue to be paid at the rate of fifty per cent of such basic wages, dearness allowance and other compensatory allowances.

(b)No suspension allowance shall be payable to a workman if he wants to have the domestic enquiry stayed till the decision of an Authority or civil/criminal Court.

(3)If on the conclusion of the domestic enquiry, the workman has not been found guilty of the charges levelled against him, he shall be deemed to have been on leave with wages during such period.

29. Enquiry into complaints by workman.

- If a workman has made any complaint in writing against the behaviour of any person holding a supervisory post then if shall be immediately investigated by the Management. The concerned workman or a representative of the union of which he is a member shall be present during such investigation.

30. Procedure regarding notices.

- Unless otherwise provided, all notices required to be pasted under these orders shall be in English or local language of the area or of the majority of workman and be kept in legible and clean condition and copies thereof shall be sent to the Deputy Labour Commissioner or the Additional Labour Commissioner of the region concerned and to the Secretary of the union of the Industrial establishment.

31. Standing Orders to be pasted on the notice boards.

- A copy of these orders in English and local language of the area or of the majority of the workmen shall be pasted on the notice board and in such other places on the premises of the Industrial establishment as the employer and union may desire and shall be kept and maintained in a legible and clean condition.

32. English version to be followed in case of conflict of meaning.

- If there is any conflict between the Hindi or other local language and English version of the Standing Orders the English version shall be followed.

33. Issue of Wage Slip.

- Every workman shall be issued a wage slip in Form T at least a day before the payment of the wages every month, showing the total wages earned by him and details of deductions, if any, made from the wages.

34. Vacation of factory's quarter.

- A workman whose services have been terminated or who has resigned or who has retired from the services of the company shall immediately vacate the factory's quarter allotted to him. However, if the termination of workman's service is a subject-matter of an industrial dispute, he shall be allowed to live in the factory quarter till the dispute is finally decided, during which period the concerned workman shall continue to pay rent and electricity charges as per rules every month failing which he shall become liable to be evicted from the quarter allotted to him and the management shall have the right to claim damages for such occupation.

35. Welfare Scheme.

- The employer shall not withdraw any existing welfare scheme without a reference to the certifying officer. While introducing such scheme the employer shall consult the representatives of workmen and the Deputy Labour Commissioner or Additional Labour Commissioner of the region. The employer shall also supply information with regard to other welfare schemes to the Deputy Labour Commissioner or Additional Labour Commissioner of the region or any other officers deputed by him to see the welfare work inside the Industrial Establishment and the workmen's Settlement of the employer.Form A[See Para 4(1)]Enrolment FormSerial No..........................................................Name......................Father's Name............................Date of Birth......................................................Qualifications.....................................................Home Address : Village.............................................Post Office...................District.............................Local Address......................................................Present employment (if employed)...................................Previous employment................................................

Name of employer	Address	Duration	Capacity	Reason for leaving
1.
2.
3.
4.

Post desired...............................................Other posts he can fill...............................................Reference

Name	Father's name	Department	Capacity	Ticket Number
1. Factory's workman
2. Outsider
3. Ditto

Signature or left thumb-impression of witness.Date.............. Signature or left thumb-impression of Applicant.I................. son of................................... resident of............. of.................... in.................................... district..................... do hereby accept employment with Messrs............... on the terms and conditions of service prescribed in the Standing Orders of the said mill/factory as for the time being in force and do hereby agree to abide by them.Sd/-.......................Left thumb-impression......At...........................Date........................In presence of

(1)

(2)The workman named above is hereby employed on the terms and conditions hereinbefore mentioned.Sd/-......................Designation...............At......................Date....................Name of Factory..........Number..................Form B[See Para 4 (4)(a)]Ticket for permanent workmanTicket No.....................Name.................... has been entered in the worker's Register/Muster Roll as a permanent workman of the factory as a............................. in the......................Department......................Date...........................ManagerForm C[See Para 4 (4)(d)]Ticket for Temporary WorkmanTicket No.................Name.................. is a temporary workman of the factory in the................ Department. As per Standing Order he is liable to be discharged from service without notice.Signature of the ManagerForm D[See Para 4 (4) (c)]Ticket for Substitute WorkmanTicket No. .....................Name................ is a Substitute Workman in..................Department of the factory.Signature of the ManagerForm E[See Para 4 (4) (e)]Ticket for Apprentices/traineesTicket No. .....................Name......................... is an apprentice in................Department of the factory.Signature of the ManagerForm F[See Para 4 (4) (f)]Ticket for probationerTicket No. ..........................Name......................... is a probationer in.................Department......................... of the factory.Date...................Signature of the ManagerForm G[See Para 8 (8)]

Leave Pass	Leave Pass	Leave Pass
(office copy)	(Time-keeper's copy)	(workman's copy)
Name in full................................................	Name in full................................................	Name in full................................................
T. No. .............................. of Department has beengiven leave from......................... to..............for.............. days.	T. No. .............................. of Department has beengiven leave from......................... to..............for.............. days.	T. No. .............................. of Department has beengiven leave from......................... to..............for.............. days.
Manager, Departmental Head.	Manager, Departmental Head.	Manager, Departmental Head.

Form H[See Para 21]Service CertificateTicket No. ......................Name...............................................................Home address.......................................................Identification Marks...............................................Date of joining.......... Date of termination of Employment.........Reasons................ Resigned /Retrenched /Service Terminated.Remarks..................Conduct..................Work....................ManagerForm I(See Para 33)Wage SlipPeriod to which the Wage slip relates............Name.................... of....................... DepartmentFather's Name........................Ticket No. ...........................Rate of Pay..........................

(a)Basic.......................

(b)Dearness allowance.................

(c)Other allowance....................

Total..............................Number of days present during the period......................Number of days absent during the period.......................Deductions, if any...............................Total wages payable after deductions, if any...........................Date.....................Manager

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State of Uttar Pradesh - Act