In these orders unless there is anything repugnant in the subject or context.

(a) A permanent worker is one who resides upon the tea estate and whose name is entered in the estate roll of workers and includes any person who has completed a probationary periods of 6 month in the same or any other occupation in the industrial establishment  including breaks, due to sickness , accident, leave, lock-out,  strike (not illegal strike) or involuntary closure of the establishment.

(b) A "Probationer" is a workman who is provisionally employed to fill a permanent vacancy in a post and has not completed 6 month service therein.

(c) An "Outside worker" is one who

resides outside the estate, but whose name is entered on the estate roll of workers; provided that one who is a regular and whole time worker shall not be for deemed to be an out side worker for the purpose of standing order No. 9. (b).

(d) A "Temporary worker" is a worker who has been engaged for work which is of an essentially temporary nature likely to be finished within a limited period.

(e) "Learner" is a worker who is employed on probation by the Manager and who may be paid a nominal wage during his specified period of training.

2. Manner of intimating to workmen periods and hours of work, holidays, pay days and wage rates.

(a) Periods and hours of works-For

those workers who are employed at regular and fixed hours, the periods and hours of work shall be posted on a notice board at the office and Factory. For other workers the periods and hours of work shall be intimated by authorised persons either verbally or by signal (siren, gong bell, etc.) according to the usage of the estate.

(b) Holidays and pay days:- Notices specifying:

(i) The days observed by the estate as holiday.

[ii] Pay days, shall be prominently displayed at the Office and Factory.

(c) Wage Rates: A notice setting out the wage rates of classes of workers who are engaged on daily weekly, fortunately or monthly wages shall be displayed prominently at the Managers office and a notice board maintained at or near the entrance to the establishment.

3. Payment of wages:-

(1) Any wages due to the workmen but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wages pay day in each week, which shall be noticed on the notice board as aforesaid.

(2) All workmen will be paid wages on an working day before the expiry of the seventh or the tenth day after the last day of the wage period in respect of which the wages are payable, according as the total number of workmen employed in the establishment does not or does exceed one thousand.

4. Working Hours in Factories:-

Working hours in the Factory shall be regulated in accordance with the factories Act. 1948 as amended form time to time.

5.Attendance on late coming:-

(a) All workers who have not been granted leave by an authorised person or certified as sick by an authorised member of the medical staff, shall be at work at the time indicated in the manner prescribed in clause 2(a).

(b) If any worker arrives more than half-an-hour after the stipulated time  without sufficient reason he may be liable to refused work for that day, or in the case of workers paid on a daily or hourly basis a deduction may be made form wages proportionate to the time absent according to the provisions of the Payment of of the Wages.

6. Conditions of procedure in applying for and the authority which may grant leave and holidays:

(a) Any worker who wishes to obtain leave shall apply to the manager or his authorised representative who shall issue orders on the application within a week of submission of the application for leave or two days prior to the leave applied for whichevers earlier, provided that if the leave is to commence on the date of application or within three days thereof, the order shall e passed on the same day. If the leave applied for is refused or postponed, the fact of such refusal or postponement and the reasons therefore shall be recorded in writing in a resister to be maintained for the purpose and if the worker so desires a copy of  the entry in the register shall be supplied to him. The entry shall specify the category of leave, i.e., privilege, casual, sick or extraordinary.

(b) If any worker remains absent in excess of leave period granted, he shall be treated as absent without leave unless he shall on his return be able to give to the Management a satisfactory reason for his absence.

(d) The Manager or his authorised representative shall be the authority which may grant the leave

(d) The number of holidays to be granted and the days which shall be observed

as holidays by the estate shall be regulated in accordance with the Factories Act and Rules. Agreements and the custom or usage of the estate.

7. Requirement to enter premises by certain gates and liability to search:-

(a) No worker shall enter or leave the factory premises except by the entrance appointed for the purpose.

(b) The manager may be writing or printed notification posted at the office and factory, debar any worker, workers or class of workers form entering any prescribed part or parts of the Factory, Office, Hospital or Bungalow premises.

(c) Gates at the factory premises may be kept closed during working hours at the discretion of the Management and any workers must not leave the premises during working hours without permission.

(d) All workers shall be liable on entering or leaving the Factory to be detained for search by any authorised person who may acting without malice, suspect that the worker so detained is in wrongful possession of property belonging to the Company or prejudicial to the security of the premisess. Provided that no worker shall be searched except by a person of his or her own status or sex and in the presence of another person of his or her own sex.

8. Closing and re-opening of section of the industrial establishment, and temporary stoppages of work, and the rights and liabilities of the employer and workman arising there form:-

(a) The Manager may at any time in the event of fire, catastrophe, breakdown of machinery, stoppages of power or supply, epidemic, civil commotion , strike, extreme climatic conditions or other cause beyond his control, close down either the factory, or filed work or both without notice.

(ii) In the event of such stoppage during working hours, the workmen affected shall be notified by notices put up on the notice board in the office and factory, as soon as practicable, when work will be resumed and whether they are to remain or leave their place of work. The workmen shall not ordinarily be required to remain for more than two hours after the commencement of the stoppage. If the Period of detention does not exceed one hour the workmen so detained shall be paid for the period of detention. If the period of detention exceeds one hour, the workmen so detain shall be entitled to receive wages for the whole time during which they are detained as a result of the stoppage. In the case of piece rate workers,

the average daily earning for the previous month shall be taken to be the daily wage. Whenever practictiable reasonable  notice shall given of resumption of normal work.

(iii) In cases where workmen are laid off for short periods on account of failure of plant or a temporary curtailment of production, the period of unemployment shall be treated as compulsory leave either with or without pay, as the case may be. When however, workmen have to be laid off for and indefinitely long period, there services may be terminated after giving them due notice or pay in lieu thereof .

(b) When either factory or field work has been closed down for any of the above reasons the Manager shall order resumption of work as soon as possible after the cause of the stoppage has ceased to exist or as soon as is otherwise  practicable, provided that it appears to the Manager that a sufficient number of workers are present and willing to resume.

9. Termination of  employment and Notice thereof to be given by the employer and workmen.

Notice of termination of employment, whether by Manager or by worker shall be given equal to the wage period  of the worker concerned.Provided that:-

(a) The Manager may terminate the employment of a worker forthwith and pay his wage for the wage-period (equivalent to his average earnings over the preceding period of three months) in lieu notice.

(b) Notice of termination of employment shall be necessity only on case of permanent workers and not in the case or outside or temporary workers except in so far as is laid down in any agreement entered into between the Manager and such outside or temporary workers.

(c) The Manager may dismiss without notice any worker who is guilty of gross misconduct but  such worker must  be informed in writing of the alleged misconduct and be given an opportunity to explain the circumstances alleged against him.

(d) Where the employed of any worker is terminated the wages earned by him and other dues, if any shall be paid before the expiry of the seconds working day on  his employment is terminated

(e) The Manager, may when a worker is charged with misconduct direct that such worker be suspended pending investigation by the Manager into the charge of  misconduct and during the period of suspension the worker shall be entitled to receive an allowance of not less than one-half of his wages provided that if the charge of misconduct is not proved the worker shall be entitled to receive the full wage for the period of suspension.

10. Acts or omissions which constitute misconduct:

(a) The following acts and omissions shall constitute gross misconduct:

1. Wilful insubordination or disobedience, whether alone or in combination with another, or others of any lawful and reasonable order of a superior.

2. Theft, fraud or dishonesty in connection with the Company's business or property.

3. Taking, giving, offering  or soliciting bribes or any illegal gratification whatsoever.

4. Habitual absenteeism without leave.

5. Habitual late attendance.

6. Collection of monies within the estate for objects (other than for bonafide trade union proposes) not sanctioned by the Management.

7. Riotous conduct.

8. Inciting others to distributes of violence.

9. Smoking in the Factory.

10. Habitual breach of rules or instructions for the maintenance and running of any department or the maintenance of cleanliness of any portion of the estate premises of factory compound.

11. Willful destruction of or damage to garden property.

12. Repeated disregard of safety rules in factory.

(b) The following acts and omissions shall constitute misconduct, for which offences the Manager reserves the right to fine any worker to the extent permitted by the Payment of Wages Act:-

(1) Gross misconduct as defined in standing Order No. 10 (a) .

(2) Committing an indecency or an act prejudicial to public healthy on or near any roads, work sites or building within a plantation.

(3)Neglect or default causing the quality or quantity of material produced by the worker to be under the average quality or quantity produced by other workers.

(4) Late attendance or absenteeism without leave.

(5) Quarrelling, fighting or causing disturbance prejudicial to good order.

(6) Drunkenness whilst at work.

(7) Sleeping on duty.

(8) Repeated commission of offences included under 10 (b) shall constitute gross misconduct.

11. Means of redress for workers against unfair treatment or wrongful exaction by the employer or his agents or his servants.The Manager will be liable personally to receive complains form any worker who feels himself aggrieved owing to alleged unfair treatment, wrongful exactions, with holding dues, etc. In the event of a worker not being satisfied with the adjudication of the Manager, the worker shall be at liberty to represent the grievances to the Labour Commissioner. Assam.

12.  Sickness ,Sick leave, payment of sick and attendance allowance and maternity leave and benefits.

(a) Any worker who is sick or injured shall report personally or by message to the Medical Officer or his representative at the Hospital or Dispensary.

(b) Any worker who is sick or convalescent shall be granted sick leave against certification by the Medical Officer or his representative.

(c) Any worker who is certified as sick convalescent and unable to work shall be entitled to such rates of sick pay as the estate may have laid down.

(d) Should the Medical Officer or his representative certify that an attendant or attendants are required for care of a sick worker, attendant or  attendants shall be paid at such rates as the estate may have laid down.

(e) Maternity leave and benefits shall be granted on a scale not lower than those provided for under the Assam Maternity Benefit Act 1944, as amended form time to time.

13. Housing. Accommodation and Land for Cultivation:

(a) Permanent workers and their immediate dependants shall be entitled to occupy rent free quarters provided by the estate during the period of and as an incident to their employment by the Manager.

(b) Workers may be permitted during the period of and as an incident to their employment to cultivate land belonging to the estate or such terms or under such lease, permit or license as the Manager shall lay down.

14. Liability of Manager.

The Manager of the estate shall personally be held responsible for the proper and faithful observance of the Standing Orders.

15.Exhibition of Standing Orders:

A copy of these orders in English and Assamese* Hindi*shall be posted at the managers office and on a notice board maintained at or near the entrance to the establishment and shall be kept in a legible condition.

*In the case of the Assam Branch Indian Tea Association.

*In the case of the Surma - Valley Branch Indian Tea Association.

Sd/- S.K. MALLICK,

CERTIFIED BY THIS Certifying officer & Labour

Commissioner. Assam Shillong. 22nd day of June, 1949