INDUSTRIAL EMPLOYMENT

(STANDING ORDERS) ACT 1946

The Act is a benevolent social legislation, which aims to achieve a laudable
objective Ior the protection oI labour by providing uniIorm and stable conditions
oI service. The Act stipulates the employees oI certain industrial establishments to
clearly deIine, with suIIicient precision, the conditions oI employment i.e. service
rules and make them known to workmen employed by them.













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FORM 10
(See Standing Order 7-A)

Notice of discontinuance / re-starting of a shift working to be given bv an emplover

Name oI employer .................
Address.....................
Dated the .......day oI ........ 20 .

In accordance with Standing Order No......oI the standing orders
certiIied and approved in respect oI my / our industrial establishment, I / we

17. Subs. by G.S.R. 824,
dated 30.06.1975
19. Omitted by G.S.R. 824, dated 30.06.1975
18. Added by G.S.E. 1166,
dated 28.06.1963
20. Added by G.S.R. 655, dated 3.06.1960


INDUSTRIAL LAW
|SCH.|

Hereby give notice to all concerned that it is my / our intention to discontinue / re-start
the shiIt working speciIied in the Annexure with eIIect Irom .......

Signature...........
Designation....... ....


ANNEXURE

(Here specifv the particulars of change in the shift working proposed to be effected)

Copy Iorwarded to:

(1) The Secretary oI registered Trade Union, iI any.
(2) Conciliation OIIicer (Central), (here enter office address of the Conciliation
Officer in the local area concerned).
(3) Regional Labour Commissioner (Central).....zone.
(4) ChieI Labour Commissioner (Central), New Delhi.

180

SCHEDULE I-A


Model Standing Orders for Industrial Establishment in Coal Mines.

1. These orders come into Iorce on ...............

2. Definition:-- In these orders, unless the context otherwise requires
(a) Attendance` means presence oI the workmen concerned at the place or places
where by the terms oI his employment he is required to report Ior work and
getting his attendance marked;

(b) The expression employer` and workman` shall have the meanings assigned to
them in Section 2(d)and (i) respectively oI the Industrial Employment
(Standing Orders) Act, 1946 ;


(c) Manager` means the manager oI the mine and includes an acting manager Ior
the time being appointed in accordance with the provisions oI the Mines Act,
1952;

(d) works importing masculine gender shall be taken to include Iemales;


(e) words in the singular shall include the plural and vice versa.

3. Classification of workmen.(a) 'workmen shall be classiIied as
(i) permanent;

(ii) probationers;

(iii) badlis or substitute,

(iv) temporary;

(v) apprentices; and

(vi) casual.

(b) A 'permanent workman is one who is appointed Ior an unlimited period or
who has satisIactorily put in three months` continuous service in a permanent
post as a probationer ;


21. Ins. Bv G.S.R. 732, dated 12.05.1971
181

(c) A 'probationer is one who is provisionally employed to Iill a vacancy in a permanent post
and has not completed three months` service in that post unless the probationary period is
extended. II a permanent workman is employed as a probationer in a new post he may, at
any time, during the probationary period not exceeding three months, be reverted to his old
permanent post unless the probationary period is extended.
(d) A 'badli or substitute is one who is appointed in the post oI a permanent workman or a
probationer who is temporarily absent; but he would cease to be a 'badli on completion oI a
continuous period oI service oI one year (190 attendance in the case oI below ground
workman and 240 attendances in the case oI any other workman) in the same post or other
post or posts in the same category or earlier iI the post is vacated by the permanent workman
or probationer. A 'badli working in place oI a probationer would be deemed to be
permanent aIter completion oI the probationary period.
(e) A 'temporary workman is a workman who has been engaged Ior work which is oI an
essentially temporary nature likely to be Iinished within a limited period. The period within
which it is likely to be Iinished should also be speciIied but it may be extended Irom time to
time, iI necessary.
(I) A 'temporary workman is a workman who has been engaged Ior work which is oI an
essentially temporary nature likely to be Iinished within a limited period. The period within
which it is likely to be Iinished should also be speciIied but it may be extended Irom time to
time, iI necessary.
(g) A 'casual workman is a workman who has been engaged Ior work which is oI an essentially
casual nature.
4. Every workman shall be given a ticket appropriate to his classiIication at the time oI his
appointment and shall, on being required to do so, show it to the person authorized by the
employer in that behalI. The said ticket shall carry the signature or thumb-impression oI the
workman concerned. II the workman loses his ticket, the Manager shall provide him with
another ticket on a payment oI 25 paise.
5. Display of notices:-- (a) The period and hours oI work Ior all classes oI workmen in each
shiIt shall be exhibited in English and in the language understood by the majority oI
workmen employed in the establishment on Notice-boards maintained at or near the main
entrance oI the establishment and at the time-keeper`s oIIice, iI any.
(b) Notices, specifving (a) the days observed by the establishment as holidays and (b) pay days
shall be posted on the said Notice-boards, (c) Notices speciIying the rates oI wages and
scales oI allowances payable to all classes oI workmen and Ior all classes oI work shall be
displayed on the said Notice Boards.
6. Payment of wages:-- (a)Wages shall be paid direct to the individual workmen on any
working day between the hours 6.00a.m. and 6.00 p.m. at the oIIice oI the mine. The
manager or any other responsible person authorized by him shall witness and at least the
payments and note the date oI payment in the wage register. Payment oI wages to a
contractor`s workman shall be made at a place to be speciIied by the manager and it shall be
witnessed by a nominee oI the employer deputed Ior this purpose in writing.
(b) Any wages due to a workman but not paid on the usual pay day on account oI their being
unclaimed shall be paid by the employer oI such undertaking. The workmen so desires, the
unpaid wages and other dues payable to him shall be remitted to his address by money order
deducting there Irom the money order commission charges All claims Ior the unpaid wages
shall be presented to the employer within a period oI twelve months Irom the date on which
the wages became due.
182

( c ) Overtime shall be worked and wages thereoI paid in accordance with the provisions oI the
Mines Act,1952, as amended by the Mines (Amendment Act, 1959, and as may be
prescribed Irom time to time. For work on weekly rest day, the workman shall be paid as
laid down in any agreement or award or as the case may be, as per usage or custom.

7. Shift working:- More than one shiIt may be worked in a department or departments or any
section oI a department oI the establishment at the discretion oI the employer. II more than
one shiIt is worked a workman shall be liable to be transIerred Irom one shiIt to another.
No shiIt working shall be discontinued without two months` notice being given in writing
to the workmen prior to such discontinuance, provided that no such notice shall be
necessary iI the closing oI the shiIt under an agreement with the workman aIIected. II as a
result oI the discontinuance oI shiIt working, any workmen are to be retrenched, such
retrenchment shall be eIIected in accordance with the provisions oI the Industrial Disputes
Act, 1947 (14 oI 1947), and the rules made there under. II shiIt working is restarted, the
workmen shall be given notice and re-employed in accordance with the provisions oI the
said Act and the said rules.

8. Attendance:- All workmen shall be at work at the mine at the time Iixed and notiIied to
them

9. Absence from place of work:- Any workman, who aIter going underground or aIter
coming to his work in the department in which he is employed, is Iound absent Irom his
proper place oI work during working hours without permission Irom the appropriate
authority or without any suIIicient reason shall be liable to be treated as appropriate
authority or without any suIIicient reason shall be liable to be treated as absent Ior the
period oI his absence.

10. Festival holidays and leave:- (a) There shall be seven paid Iestival holidays or as laid
down in an agreement or an award in Iorce. Out oI these seven days, the Republic Day,
Independence Day and Mahatma Gandhi`s Birth Day shall be allowed without option and
the rest oI the days shall be Iixed by agreement or local custom. Whenever a workman has
to work on any oI these holidays, he shall, at his option be entitled to either thrice the
wages Ior the day or twice the wages Ior the day on which he works and in addition to avail
himselI oI a substituted holiday with wages on any other day or as laid down in an
agreement or an award in Iorce.

(b) (i) The workmen shall be entitled to leave with in accordance with the
provisions contained in Chapter VII oI the Mines Act, 1952.

(ii) Normally a workman will not be reIused the leave applied Ior by him. But the
employer may reIuse, revoke or curtain the leave applied Ior by workman, iI the
exigencies oI work so demand. Wages in lieu oI leave shall be paid to a workman,
where he has been reIused the leave asked Ior and in cases where he can not
accumulate the leave any Iurther. II a workman is reIused leave in a particular year in
the interest oI work, it would be open to him next year either to avail oI leave on two
occasions with the usual railway concessions or in case he avails oI leave on only one
occasion, the railway Iair Ior the un availed trip would be paid to him in the shape oI
National Savings / National DeIence CertiIicates.
183

( c ) Quarantine leave shall be granted to a workman, who is prevented Irom attending to his duty
because oI his coming into contact, though no Iault oI his own, with a person suIIering Irom a
contagious disease. The leave shall be granted Ior such period as is covered by a certiIicate Irom the
Medical OIIicer oI the mine. Payment Ior the period oI quarantine leave shall be at the rate oI 50
per cent oI the wages (basic plus dearness allowance) payable to a workman. Quarantine leave can
not be claimed, iI a workman has reIused to accept during the previous three months prophylactic
treatment or the disease in question.

(d) A workman who desires to obtain leave oI absence shall apply to the manager, not less than IiIteen
days beIore the commencement oI the leave, except where leave is required in unIoreseen
circumstances, and the manager shall issue orders on the application within a week oI its
submission or two days prior to the commencement oI the leave applied Ior, whichever is earlier;
provided that iI the leave applied Ior is to commence on the date oI the application or
within three days thereoI, orders shall be given on the same day. II the leave is reIused or
postponed, the Iact oI such reIusal or postponement and the reasons thereIore shall be
recorded in writing in a register to be maintained Ior the purpose, and iI the worker so
desires, a copy oI the entry in the register shall be supplied to him. II the workman aIter
proceeding on leave desires an extension thereoI, he shall apply to the Manager, who shall
send a written reply either granting or reIusing extension oI leave to the workman.
Sanction / reIusal oI leave should be communicated to the workman in writing invariably.

(e) II a workman remains absent beyond the period oI leave originally granted or
subsequently extended, he shall lose lien on his appointment unless he
(a) returns within ten days oI expiry oI his leave; and
(b) explains to the satisIaction oI the manager his inability to return on the expiry oI
his leave.

In case, the workman loses, as aIoresaid, his lien on the appointment, he shall be entitled
to be kept on the 'badli list.

(I) A workman may be granted casual leave oI absence with pay not exceeding Iive days in
the aggregate in a calendar year. Such leave shall not be Ior more than three days at a
time except in case oI sickness. Such leave is intended to meet special circumstances
which can not be Ioreseen. Ordinarily the previous permission oI the head oI the
department in the establishment shall be obtained beIore such leave is taken, but where
this is not possible, the head oI the department shall, as soon as may be practicable, be
inIormed in writing oI such absence and oI the probable duration thereoI.

(g) Notwithstanding anything mentioned above, any workman who overstays his sanctioned
leave or remains absent without reasonable cause will render himselI liable Ior
disciplinary action.

11. Medical aid in case of accident: Where a workman meets with an accident in the course
oI and arising out oI his employment, the employer shall make satisIactory arrangements
Ior immediate and necessary medical aid to the injured workman Iree oI cost and shall
arrange Ior prompt payment oI compensation admissible under the Workmen`s
Compensation Act, covering also the Iirst three days oI absence on account oI injury.

184

12. Railway travel facilities:-- (a) When a workmen proceeds on leave and is qualiIied Ior
Iree railway Iare, the employer shall give him the cost equivalent to his ticket (including
bus Iare) and Ior boat to his home.

(c) Every workman who has completed a period oI twelve months` continuous service,
would qualiIy Ior railway Iare or bus Iare or both Ior going home on leave and
returning to the mine on the expiry oI the leave. The twelve months` service shall be
deemed to have been completed iI, during the twelve months preceding the date on
which he applies Ior leave, he has worked Ior not less than two hundred and Iorty
days.
(d) II on the expiry oI the leave, a workman returns he shall then receive a cash payment
equivalent to the return Iare. II on his return the mine is unable to have him back, he
shall be paid return Iare at once.
(e) The workman shall be entitled to railway Iare by mail or express train wherever under
the Railway Rules tickets are available Ior such travel.
(I) The class by which a workman is entitled to travel shall be:
(i) iI his basic wage is Rs. 165 or less per month III Class
(ii) iI his basic wage is above Rs. 165 and upto Rs.265 per II Class
month
(iii) iI his basic wage is above Rs. 265 per month I Class

13. Termination of services:- (a) For terminating the services oI permanent workman
having less than one year oI continuous service, notice oI one month in writing with
reasons or wages in lieu thereoI shall be given by the employer:

Provided that no such notice shall be required to be given when the services oI the
workman are terminated on account oI misconduct established in accordance with the
Standing Orders.

(b) Subject to the provisions oI the Industrial Disputes Act, 1947 no notice oI termination
oI employment shall be necessary in the case oI temporary and Badli workmen;

Provided that a temporary workman, who has completed three months` continuous
service, shall be given two weeks` notice oI the intention to terminate his employment iI
such termination is not in accordance with the terms oI the contract oI his employment;

Provided Iurther that when the services oI a temporary workman, who has not completed
three months` continuous service, are terminated beIore the completion oI the term oI
employment given to him, he shall be inIormed oI the reasons in writing. When the
services oI a Badli workman are terminated beIore the return to work oI the permanent
incumbent or the expiry oI his (Badli`s) term oI employment, he shall be inIormed oI the
reasons Ior such termination in writing.

(c) No workman shall leave the service oI an employer unless notice in writing is given at
the scale indicated below

(i) For monthly paid workmen : One month

185


(ii) For weekly paid workmen : Two weeks.

Provided that it will be Ior employer to relax this condition and the workman may pay cash
in lieu oI such notice.

(d) For purposes oI Standing Orders 13(a), (b) and (c) the terms service` and wages` shall
have the same meaning as assigned to these in Sections 25(B) (l) and 2 (rr) respectively
oI the Industrial Disputes Act, 1947.

14. Stoppage of work and re-opening(a) Subject to the provisions oI Chapter V-A oI the
Industrial Disputes Act, 1947, the employer may; at any time, in the event oI underground
trouble, Iire, catastrophe, breakdown oI machinery, stoppage oI power supply, epidemic,
civil commotion or any other cause beyond the control oI the employer, stop any section or
sections oI the mine wholly or partly Ior any period or periods.
(b) In the event oI such stoppage during working hours, the workmen aIIected shall be
notiIied by notice put up on the notice board in the departments concerned and oI the
oIIice as soon as practicable as to when work will be resumed and whether they are to
remain or leave their place oI work. The workmen will not ordinarily be required to
remain Ior more than two hours aIter the commencement oI the stoppage. Whenever
workmen are laid oII on account oI Iailure oI plant or a temporary curtailment or
production or other causes they shall be paid compensation in accordance with the
provisions oI the Industrial Disputes Act, 1947. Where no such compensation is
admissible, they shall be granted leave with or without wages as the case may be at the
option oI the workman concerned, leave with wages being granted to the extent oI any
leave due to them. When workmen are to be laid oII Ior an indeIinitely long period,
their services may be terminated subject to the provisions oI the Industrial Disputes Act,
1947. II normal work is resumed two weeks` notice thereoI shall be given by the
pasting oI notices at or near the mine oIIice and the workmen discharged earlier by the
employer shall, iI they present themselves Ior work, have preIerence Ior re-employment.
(c) The employer may in the event oI a strike aIIecting either wholly or partially any
section oI the mine close down either wholly or partially such section oI the mine and
any other section, aIIected by such closure. The Iact oI such closure shall be notiIied by
notices put up on notice-board in the manager`s oIIice. Prior to resumption oI work, the
workmen concerned will be notiIied by a general notice indicating as to when work
will be resumed. A copy oI such notice shall be sent to the registered trade union or
unions Iunctioning in the establishment.

15. Method of filling vacancies:-- In the matter oI Iilling up oI permanent vacancies, badli and
temporary workmen and probationers would be given preIerence in oI their seniority.

16. Transfers:-- Workmen may be transIerred due to exigencies oI work Irom one department to
another or Irom one station to another or Irom one coal mine to another under the same
ownership provided that the pay, grade, continuity and other conditions oI service oI the
workman are not adversely aIIected by such transIer and provided also that iI a workman is
transIerred Irom one job to another, that job should be oI similar nature and such as he is
capable oI doing and provided Iurther that (i) reasonable notice be given oI such transIers
and (ii) reasonable joining time is allowed in case oI transIers Irom one station to another.
The workman concerned shall be paid the actual transport charges plus 50 per cent thereoI to
meet incidental.
186

17. Disciplinary action for misconduct:-- (i) A workman may be suspended or Iined or his
increment may be stopped or he may be demoted or dismissed without notice iI he is Iound
to be guilty oI misconduct under this Standing Order provided that suspension without pay as
a punishment shall not exceed ten days. The workman may be suspended pending
departmental enquiry and in such cases he shall be paid a subsistence allowance equal to halI
oI his wages as deIined in the Payment oI Wages Act, 1936, Ior the period oI suspension
upto 30 days. II, however, he is kept suspended by the management beyond 30 days this
subsistence allowance will be at the rate oI / oI his wages as aIoresaid but iI the enquiry is
delayed beyond 30 days because oI the workman, the subsistence allowance shall be reduced
to / oI his wages. The employer shall normally complete the enquiry within ten days. The
payment oI subsistence allowance will be subject to his not taking any employment
elsewhere during the suspension period.

The following shall denote misconduct:
(b) TheIt, Iraud, or dishonesty in connection with the employer`s business or
property.
(c) Taking or giving oI bribes or an illegal gratiIication whatsoever in connection
with the employer`s business or his own interests.
(d) WilIul insubordination or disobedience, whether along or in conjunction with
another or others, or oI any lawIul or reasonable order oI a superior. The order oI
the superior should normally be in writing.
(e) Habitual late attendance and habitual absence without leave or without suIIicient
cause.
(I) Drunkenness, Iighting or riotous, disorderly or indecent behaviour while on duty
at the place oI work.
(g) Habitual neglect oI work.
(h) Habitual indiscipline.
(i) Smoking underground or within the mine area in places where it is prohibited.
(j) Causing willIul damage to work in progress or to property oI the employer.
(k) Sleeping on duty.
(l) Malingering or slowing down work.
(m) Acceptance oI giIts Irom subordinate employees
(n) Conviction oI any Court oI Law Ior any criminal oIIence involving moral
turpitude
(o) Continuous absence without permission and without satisIactory cause Ior more
than ten days.
(p) Giving Ialse inIormation regarding one`s name, age, Iather`s name, qualiIication
or previous service at the time oI the employment.
(q) Leaving work without permission or suIIicient reason.
(r) Any breach oI the Mines Act, 1952, or any other Act or any rules, regulations or
bye-laws thereunder, or oI any Standing Orders.
(s) Threatening, abusing or assaulting any superior or co-worker.
(t) Habitual money-lending.



187


(u) Preaching oI or inciting to violence.
(v) Abetment oI or attempt at abetment oI any oI the above acts oI misconduct.
(w) Going on illegal strike either singly or with other workers without giving 14 days`
previous notice.
(x) Disclosing to any unauthorized person oI any conIidential inIormation in regard
to the working or process oI the establishment which may come into the
possession oI the workman in the course oI his work.
(y) ReIusal to accept any charge-sheet or order or notice communicated in writing.
(z) Failure or reIusal to wear or use any protective equipment given by the
employers.

(ii) No order oI punishment under Standing Order No.17(i) shall be made unless the
workman concerned is inIormed in writing oI the alleged misconduct and is given an
opportunity to explain the allegations made against him. A departmental enquiry shall be
instituted beIore dealing with the charges. During the period oI enquiry, the workman
concerned may be suspended. The workman may take the assistance oI a co-worker to
help him in the enquiry, iI he so desires, The records oI the departmental enquiry shall
be kept in writing. The approval oI the owner, agent or the chieI mining engineer oI the
employer or a person holding similar position shall be obtained beIore imposing the
punishment oI dismissal. A copy oI the enquiry proceedings shall be given to the
workman concerned on the conclusion oI the enquiry, on request by the workman.

(iii) II a workman is not Iound guilty oI the charges Iramed against him, he shall be deemed
tobe on duty during the Iull period oI his suspension and he shall be entitled to receive
the same wages as he would have received iI he had not been suspended.

(iv) In awarding punishment under this Standing Order, the authority awarding punishment
shall take into account the gravity oI the misconduct, the previous record, iI any, oI the
workman and any other extenuating or aggravating circumstances that may exist. A copy
oI the order passed by the authority awarding punishment shall be supplied to the
workman concerned.

18. Time-limit for making complaints, appeals, etc. All complaints arising out oI
employment including those relating to unIair treatment or wrongIul exaction on the part
oI the employer or his servant shall be submitted within 7 days oI such cause oI
complaint to the manager oI the mine, with the right oI appeal to the employer. Any
appeal to the employer shall be made within 3 days oI the decision oI the manager. The
employer shall normally give his decision within 3 days oI the receipt oI the appeal.

19. Liability of manager of the mine:-- The manager oI the mine shall personally be held
responsible Ior the proper enIorcement oI these Standing Orders provided that where a
manager is overruled by his superior, the latter shall be held responsible Ior the decision
taken.

|
20. Service Certificate:-- Every workman who was employed continuously shall be entitled
to Service CertiIicate at the time oI his leaving the service oI employer.

188

21. Entry and exit. All workmen shall enter and leave the premises oI the establishment
through authorized gates and shall be liable Ior search while going in or coming out oI the
premises. In case oI women workmen search will only be made by women.
22. Exhibition and Supply oI Standing Orders :- A copy oI these Orders in English and in the
regional languages oI the local area in which the mine is situated shall be posted at the
manager`s oIIice and in such other places oI the mine as the employer may decide and it
shall be kept in a legible condition. A copy oI the Standing Orders shall be supplied to a
workman on application, on payment oI a reasonable price. A trade union in the
establishment will, however, be entitled to the Iree supply oI a copy oI the Standing Orders,
provided the union is one which is recognized by the employer.

SCHEDULE - II
FORM - I

|Industrial Employment (Standing Orders) Act, 1946 Section 3|
Dated............20 ,

To
The CertiIying OIIicer
|Vide NotiIication No. L.R. II (98), dated 25
th
July, 1953|.
(Area)

(Place)
Sir,
Under the provision oI Section 3 oI the Industrial Employment (Standing Orders) Act, 1946, I enclose
Iive copied oI the draIt Standing Orders proposed by me Ior adoption in


(Name)


(Place)
an industrial establishment owned/controlled by me, with the request that these orders may be certiIied
under the term oI the Act. I also enclose a statement giving the particulars prescribed in Rule 5 oI the
Industrial Employment (Standing Orders) Central Rules, 1946.
I am, etc.

(Signature)
Employer/Manager
FORM II
|Notice under Section 5 oI the Industrial Employment (Standing Orders) Act, 1946|
OIIice oI the CertiIying OIIicer Ior............. area/place......

I...........CertiIying OIIicer.......... area, Iorward herewith a copy oI
the draIt Standing Orders proposed by the employer Ior adoption in the....... industrial
establishment and submitted to me Ior certiIication under the Industrial Employment (Standing Orders)
Act, 1946. Any objection which the workmen may desire to make to the draIt Standing Orders should be
submitted to me within IiIteen days Irom the receipt oI this notice.
(CertiIying OIIicer)
To
The Secretary
Union

Representative elected under Rule 6

189
Name
Occupation
Industrial establishment

FORM - III

| Industrial Employment (Standing Orders) Act, 1946 Section 8|

Register Part I

Industrial Establishment

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R
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(1) (2) (3) (4) (5) (6) (7) (8)

PART II
(Should contain the authenticated copy oI the Standing Orders)

FORM IV
|See Rule 7A (1) |

|To be Iormatted in respect oI each clause appealed against, separatelv)

i. DraIt oI the Standing Order under appeal as submitted by the employers.
ii. Erection made/modiIication suggested, iI any, to the DraIt Standing Order under appeal, by
the Trade Union/Representatives oI workmen.
iii. Standing Order under appeal, as certiIied by the CertiIying OIIicers
iv. Gounds oI appeal by the employers/trade union/workmen`s representatives.|


States Rules

(1) My sore Industrial Employment (Standing Orders) Rules, 1961 (Noti. No. LI.H 336,
MW 57, dated 21
st
October, 1961).
(2) Madras Industrial Employment (Standing Orders) Rules, 1947 (Mad. G.O.M.S. No.
27, dated 28
th
January, 1966).
(3) U.P. Industrial Employment (Standing Orders) Rules, 1946 (See Srivastava`s
Commentaries on Industrial Employment (Standing Orders) Act, 1946-1976 Ed.)


22. Ins. By G.S.R. 732, dated 12.05.1971
190