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State of Uttar Pradesh - Section

Section 15 in The U.P. Dookan Aur Vanijya Adhishthan Niyamavali, 1963

15. Acts constituting misconduct [Section 19(2)].

- The following acts or omissions shall constitute misconduct for purposes of sub-section (2) of Section 19-
(a)wilful insubordination or disobedience whether alone or in combination with another of any lawful order of a superior ;
(b)striking work either singly or with any other employee without giving due notice prescribed by any law for the time being in force ;
(c)inciting, whilst in the shop or commercial establishment, any employee to strike work;
(d)theft, fraud or dishonesty in connection with the employer business or property ;
(e)taking or giving bribe or any illegal gratification whatsoever ;
(f)habitual absence without leave ;
(g)drunkenness, fighting, riotous or disorderly behaviour or conduct likely to cause a breach of peace, or conduct endangering the life or safety of any other person or any act subversive of discipline and efficiency and any act involving moral turpitude, committed within the shop or commercial establishment;
(h)habitual negligence or neglect of work ;
(i)threatening of intimidating any employee in the shop or commercial establishment;
(j)disclosing to an unauthorised person any information in regard to the working or process of the shop or commercial establishment which comes into possession of an employee during the course of his work ;
(k)gambling within the shop or commercial establishment;
(l)sleeping while on duty ; and
(m)insubordination malingering, deliberate delaying of production or carrying out of orders.
Explanation. - No act of misconduct which is committed on less than three occasion within ope year or a lesser period shall be treated as "habitual".