Section 24A in The Rajasthan Shops and Commercial Establishment Rules, 1959
24A. [ List of acts which may be termed as misconduct. [Inserted Vide Dated 30-1-1973, published in Rajasthan Gazette part IV-C, dated 20-1-1977, page 638.]
(1)The following Acts shall each be treated as misconduct for the purpose of the proviso to sub-section (1) of section 28-A of the Act :-(a)Willful in subordination or disobedience, whether alone or in combination with others, of any lawful and reasonable order of a Superior;(b)willful damage or loss of employer's property;(c)taking or giving bride or any illegal gratification;(d)theft, fraud or dishonesty in connection with the employer's business or property;(e)habitual absence without leave or absence without leave for more than ten days;(f)habitual breach of any law applicable to the establishment;(g)habitual late attendance;(h)riotous or disorderly behavior during working hours at the establishment or any act subversive of discipline;(i)striking work or inciting others to strike work;(j)habitual or gross negligence or neglect of work; in contravention of the provisions of any law or rule having the force of law;(k)breach of the provisions of the Standing Orders applicable to the establishment and certified under the Industrial Employment (Standing Orders) Act, 1945.(2)No order of dismissal or discharge on ground of misconduct shall be made except after an enquiry in which the employee concerned has been informed in writing of the misconduct alleged against him and is given a reasonable opportunity of being heard in respect of that misconduct.
