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DRAFT STANDING ORDER OF
BHARATIYA CHA PARISHAD Section" A"
(1) Application and Scope : The Management
and the Workmen engaged in an estate are the subject to the following
"Standing orders" regulating conditions of service which shall come into
force in accordance with section 7 of the Industrial employment (Standing
orders) Act. 1946
(2) Rules. Regulation and notice
subject to the provisions of the Industrial Employment (Standing Orders) Act
1946. and to the conditions laid down in those Standing Orders, the
Management may formulate such rules and regulations and post such notices,
as it may from for the smooth working of the Estate. These Rules,
Regulations or Notices may apply
to the whole or to any Section or Sections of the works, and every workmen
shall obey the rules and regulations applying to his section.
(3) Method of posting: Notices required by
these orders shall be sufficiently given, if posted on the notice boards
maintained for such purposes and or under posting certificate of by peon if
the workmen is absent.
(4) Amendment: The Management may form time
to time amend these orders in accordance with the provisions of the
Industrial Employment (Standing Orders) Act. 1946 or any amendment thereof.
(5) Interpretation: In all disputes
regarding the interpretations of these "Standing Orders' only the English
Text should be considered as being authentic. Section 'B'
Definition and Classification of Workmen:- In
these orders unless there is anything repugnant to the subject or context:-
(a) 'Management' or 'Employer' shall
mean...... .......... in respect of their estate situate
at................ .............
................
(b) "Manager" shall mean the person for the
time being managing the establishment or Estate or any body behalf under the
F. Act. 1948.
(c) Singular shall apply plural where
relevant, vice-versa.
(e) "Workmen" means any person employed in
the Estate who comes under the definition of workmen as defined in the
Industrial Employment (Standing Orders) Act.
(f) "Workman " shall be classified as
follows:-
(1) Permanent
(2) Probationers
(3) Temporary
(4) Casual
(5) Apprentices
(i) A "Permanent" workmen is a worman who
has been engaged on a permanent basis
and includes any person who has been confirmed as such after
completion of a probationary period of six-months in the same or another
occupation in Estate, including breaks due to sickness, accidents, leave,
lockout, strike (not being an illegal strike) or involuntary closure of the
Estate. No workmen shall be deemed as permanent unless he has been giving a
letter of confirmation that he has been made permanent after the expiry of
his probationary period. (ii) A
"probationer" is a workmen who is provisionally employed to fill a permanent
vacancy in a post and has not completed six months service therein. If a
permanent employee is employed as a probationer in a new post, he may at any
time during the probationary period be reverted to his old Permanent post. A
probationer shall ordinarily be confirmed as a permanent workmen on
completion of six month service. If, however, a probationer is found not
satisfactory or suitable, he may either be discharged without any notice or
his probationary period of six month on the expiry of which he should either
be made permanent or discharged, as the case may be.
(iii) A "Temporary" workmen is one who is engaged for a work is essentially of a temporary
character, or who is engaged temporary as an additional workmen in
connection with work of a permanent character.
(iv) A "Casual" workmen is a workman whose
employment is of a casual nature.
(v) An "Apprentice" is a learner who may be
paid an allowance during the period of his training.
(vi) "Notice" means a notice in writing
required to be given or posted for purposes of these Standing Orders. Notice
by the Management posted on the Notice Board of the garden, unless
specifically mentioned otherwise herein below will be trended as service of
Notice on the workmen.
Section "C"
Appointment of
workmen and
Termination of Service:-
(a) Appointment of Workmen :-Workmen shall
at the time of appointment complete and sign there Appointment Form
(Prescribed in this behalf) mentioning his address. and shall thereafter
notify any change of address.
(b) Termination of Service:-
(1) Service of workmen may be terminated by
either party by giving appropriate notice as provided hereinafter. (2) For
terminating employment a notice shall be given in writing either by the
employer of by the workmen for the period noted below: In case of permanent workmen, and apprentices,
one month's notice shall be necessary. No Notice shall be necessary in the
case of probationer or temporary or casual workman.
(3) Where the employment of any workmen is
terminated, all waged earned and unpaid shall be paid to him at the time of
discharge, of convenient, but in any case within the period of time
prescribed by the payment of Wages Act. 1936
(4) In case of general retrenchment,
closing down of a Department or Departments, or termination of service as a
result of strikes, a general notice in writing posted on the Notice board on
the Estate Gate shall be sufficient notice to individual workmen concerned.
(c) Certificate of Service:- Each permanent
workman shall be entitled to a service certificate at the time of leaving
service discharge or retirement at the discretion of the authorities
concerned, but not if it is the result of participation in illegal strike.
(d) Retirement:- A workmen shall be retired
form the service of the Estate on completing the age of 55 years unless his
period of service is extended in writing by the Estate at its sole
discretion. Section 'D'
Employer's Obligations
(a) Publication of working hours:
(i) Notice showing the period and hours of
work for all classes of workers in thee Estate and for each shift
shall be displayed in English and in the principal language of the local
area on the Notice Board at the office and Factory.
(ii) Shift working:- Hours of shift working
in the factory Shall be regulated according to the Factories Act. Workmen
shall be liable to be transferred form the Factory to be field work and vice
of manufacture of cultivation.
(b) Public Holidays and Pay days:
I. Notices shall be posted on the Notice
Board, maintained in this behalf specifying:-
(i) The days observed by the Estate as
holidays with or without pay.
(ii) Pay-days as required by the Payment
of wage Act, as early Practicable at the Time Keeper Office or the main
entrance of the Estate.
II. List of Festival Holidays as
permissible under Plantation Labour Act for the time will
be published as early as practicable each year after consultation with
workmen concerned. III. Wage rates
(both ticca and piece rates) as payable under the wages Acts for time to
time to al cases of workmen for all classes of work shall be prominently
displayed on the Notice Board within the Estate premises.
IV. Unclaimed Wages:- Any wages due to a
workmen but not paid on the usual pay day on account of being unclaimed
shall be paid by the employer on such unclaimed wages pay day as may be
notified.
V. Notice required under the Standing
Orders:- Notice posted on the Notice Board maintained on this behalf will be
deemed to be proper serviced of the notice as required under these standing
orders.
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 incidence to their employment.
(b) Complaint:- The Manager will be
available personally to receive complaints form any worker who feels himself aggrived owing to alleged
unfair treatment, wrongful exaction, withholding of dues etc. In the event
of a worker not being satisfied with the adjudication of the manager, the
grievance to the Government District Officers or to Government Labour
Officers. This shall be without prejudice to any rights of redress workmen
may have under existing law for the time in force.
Section 'E'
Identification, Entry, Exit and Time
Keeping:-
1. Every workmen will be provided with a token
badge or other means of identification, as approved by the Employer, which
shall be carried on his person and shall be produced at all times when the
workman is called upon to do so by any Officer of the estate. It must be
surrender at the time of going on leaves the service of the Estate.
2. all workmen shall enter or leave the
Factory premises by the Gate or Gates specified or fixed for this purpose,
During working hours factory Gates may be closed at the discretion of the
Management or Manager. Workmen shall not be permitted to leave the factory
premises without a Pass- out-slip. The workmen are liable to be searched at
the time of entering or leaving the Factory and at
other times while
on duty by any person authorised by the Management , provided that such
searches shall be conducted in the presence of at last two witness where
practicable, NO female worker shall be searches except by thr presence of
another women.
3. The Manager may be
written or printed notification posted at the Office and/or Factory debar
any worker, workers or class of workers form entering any prescribed part or
parts of the Factory, Hospital or Bunglow premises. One such notification
shall provide for visiting hours at the hospital.
4. All workmen shall report themselves for
work at the exact time notified for the purpose. If any workman is late he
shall be permitted to enter the Factory or plantation upto half an hour
after the notified time and pay for the half hours work shall be
deducted from his wages subject to a period of grace of 10 minutes on a
single day or 5 minutes on two separate days in a week, after the notified
time.
5. Any workmen who is more than half an
hour late shall not be pertrmitted to enter the Factory or plantation unless
special permission has been granted by the Manager and then he shall
only be paid form the half hour or the next hours following his time of
entry. A workmen found absent during working hours form his proper place
without permission or without sufficient reason
will be treated as absent and reduction in accordance with the payment of
Wages Act. These provisions are without prejudice to the Employers right
take disciplinary action provided for under these Standing Orders,
hereunder.
Section 'F'
Leave, Holidays And Absence:
(1) Grant of leave to a workman shall
depend on the exigencies of the work of the Estate and shall be at the
discretion of the Manager and during the Tea harvesting period
Management will have the right to refuse leave even thought the same may be
due to the workman concerned.
(2) Leave with pay will be Allowed as
provided for under the Factories Act, 1948, and under the Plantation Labour
Act, 1951 as the case may be, other holidays, for ample, Festival Holidays,
will be allowed with law, contract, custom and usage.
(3) Application for leave shall be made on
the prescribed form at least 15 days prior to the date form which the leave
is to start. Due consideration will be given urgent cases caused by
unforeseen circumstances. 4) The
Manager or any authorities person such application within 7 days of the
presentation of such application or two days prior to the commencement of
the leave applied for , whichever is earlier, and incase of urgent nature in
which the applied for its commence on the day of the submission or within
three days thereof, the order shall be given on the same day.
(5) If the leave asked for is granted it shall
be entered in the leave book as prescribed in the plantation Labour
Rules. If the leave is refused or postponed the fact of such refusal or
postponement and the reason thereof shall be recorded in writing in the
Register maintained for the purpose and a copy of the entry in the
Register shall be supplied to the worker if he desires.
(6) A workmen shall resume work just on the
next day his leave expires unless an extension has been sanctioned in
writing by the Employer.
(7) If the workmen after proceeding on
leave desires an extension thereof he shall apply before the expiry of the
leave to the Manager or to his authorised representative, who shall send a
written reply either granting or refusing the extension of leave to the
workmen if his address is available and if such reply is likely to reach him before the expiry
of the leave originally granted to him.
(8) If on account of sickness, accidents, or
the like a workmen is unable to resume his duties by the due date, he shall
at once notify the employer and, in the event of sickness or accident ,
furnish a roper medical certificate satisfactory to the Management.
(9) If the workman remains absent beyond
the period of leave originally granted or subsequently extended, he shall
lose his lien on his appointment, unless-
(a) He returns within 7 days of the expiry
of the leave, and
(b) Explains to the satisfaction of the
Manager his inability to return to work on the expiry of his leave.
In case the workman loses the lien on
his appointment he shall be given preference for re-employment in future.
(10) A workmen who is entitled to casual
leave may be granted casual leave of absence with or without pay, as
the case may be not exceeding 10 days in aggregate in a calendar year.
Such leave shall not be for
more than three days at a time, except in the case of sickness, Ordinarily
the previous permission of the Manager or his authorised representative
shall be obtained before such leave is taken but when this is not possible, the
Manager or his auhorised representative shall, as soon as practicable, be
informed of the reason for absence form duty an for his inability to inform
beforehand and the probable duration of such absence.
(11) Sickness, Sick leave, Payment of Sick and
attendance allowance and Maternity leave and benefits:-
(i) 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.
(ii) Any worker who is sick or conventional
shall be granted sick leave against Medical certificate granted to
that effect.
(iii) Any worker who is on sick leave shall
be entitled to such rates of sick pay as the Estate may have laid down.
(iv) If the Medical Officer or his
representative certify that an attendant or attendants are required fir case
of a shall worker, attendance of attendances shall be paid at such rates as
the Estate may have laid down.
(v) Maternity leave and benefits shall be
granted on a scale not lower than those provided for under the Assam
Maternity Benefits Act, 1944 or Statutory modification thereof.
Section "G"
Stoppage of work:
(1) The Employer may at any time or times, in the event of fire
catastrophe, breakdown of the machinery, stoppage of power supply, epidemic,
civil commotion, flood or other cause, whether or a like nature or not,
begin beyond the control of Employer, stop any section or sections of the
Estate, wholly or particularly, for any period or periods without notice to
the workman affected. Lay-off compensation will be paid only when it is
payable under Industrial Dispute act, in other cases no lay off period.
(2) The fact of such closure as referred in
clause (1) above, shall be published by putting up notices on the Notice
Boards in the Section or department concerned and the Time Keepers Office if
any, as soon as practicable, notifying at the same time whether the
workman concerned can remain at or leave their place or work. The workman
shall ordinarily be not required to remain at the place of work for the
stoppage of work as referred to above. Where practicable, reasonable notice
shall be given to the workman of the resumption of normal work when work is
resumed, shall be given preference for emp-loyment provided
they themselves within 8 days of such resumption of work.
(3) The procedure of payment in the event
of workman being laid off for causes mentioned in Sce. 2 (KKK) of I.D. Act,
will be regulated in accordance with the provisions of the Industrial
Dispute (Amendment) Act. 1953, or any amendment for re-enactment thereof.
(4) The employer may in the event of a
strike affecting either wholly or partially such section or departments and
any other section or department affected by such closing down. The fact of
such colure shall be notified by notices put on the Notice Boards in
the section or Departments concerned and in the Time Keeper's Office, if any
, as soon as practicable. The workman concerned shall also be noticed by
general notice prior or resumption or work as to when work will be
resumed. No lay-off compensation will be payable in case of such lay-off.
Section
'H'
Disciplinary Action for misconduct:-
(a) A fine may be imposed on any workmen in
respect of an act or omission on his part, in accordance with Section 8 of
the Payment of Wages Act, 1936 (b) A workman may be suspended
for a period not exceeding three weeks or dismissed; (without notice), or
payment of any compensation in lieu of notice, if he is found to be guilty
of misconduct at the discretion f the Manager of the Estate.
(c) The following acts and omissions shall be
treated as major misconduct:
(i) Wilful insubordination or disobedience,
whether along or in combination with others, to any lawful or responsible
order of a superior officer.
(ii) Wilful damage to or loss of the
employer's goods or property.
(iv) Taking, giving, offering or asking for
bribes or any illegal gratification what so -ever.
(v) Habitual absence without leave. (Notice: A worker to whom three warning
have been given to the effect in six months and who still repeats or
continues in unauthorized absence form woks, will be deemed to be and
habitual absence under the standing Orders).
(vi) Habitual late attendance.
(vii) Habitual breach of any law of
rules or procedure applicable in esta-blishment
provided the same are not in connected with the sprit of standing
Orders. (vii) Riotous or disorderly
behavior on the establishment prejudicial to the good running of the
establishment or any act subversive of discipline.
(ix) Frequent repetition of any act or
omission for which a fine may be imposed.
(x) Collection of money within the factory
premises during working hours for purpose not sanctioned by the management.
(xii) Smoking in the factory or godown
premises where smoking has been specifically prohibited by a notice to that
effect.
(xiv) Refusal to accept a charge sheet,
order ot other communication intended for service on any workmen in
accordance with these Standing Orders.
(xv) Participation in slow down strike or
wilful and continued of-slow tactics in the performance of the work.
(xvi) Any unauthorised occupation of any
quarter belonging to the establish- ment or (any breach of rules
regarding occupation of quarters allocated to the workmen in question).
(xvii) Reported disregarded of minore safety
instructions.
(xvii) Leaving his normal place of work
without permission during working hours.
(xix) Obtaining attempting to form one
shift to another or form on resections or department to another or form
one place to another, whether locally or out of station, or form one
establishment to same management.
(xxi) Gambling within the factory premises.
(xxiii) Possession of any lethal weapon on
the Company's premises without the permission of the Manager.
(xxiv) Cutting or damaging shade trees
premises and tea plants.
(d) The following acts and omissions shall
be treated as minor misconduct.
(i) Drunkenness or intoxication during
working hours. (ii) Engaging in
trade within the factory premises without the premises on of the Management.
(iii) Breach of rules or instruction (a)
for the maintenance or running of any department or (b) for the maintenance
of the clealiness of any portion of the factory premises of factory
compound.
(iv) Holding meeting or aiding or abetting
the holding of meeting within the factory (or during working hours when men
should be working inside the Estate).
(vi) Sleeping in the course of duty,
(viii) Committing nuisance on the Factory
premises of mazdoor lines except at places specially ear-marked for the
purpose.
(ix) Failure to notify the company of any
change in address.
(x) Not taking proper care of tools,
gauges, jigs, fixtures or drawing etc. entrusted to him.
(xi) Wilful failure to report at one to his
foreman or Supervisor or Manager any defect which a
workman may notice in any equipment connected with his work.
(e) No order of dismissal or of suspension as
a punishment or of fine, shall be made unless the workmen concerned has been
informed in writing of the alleged misconduct and given an opportunity to
explain the circumstances alleged against him, and to adduce evidence if
any, in his favor. Any explanation given by the workman shall
be recorded in writing and the Manager shall also record his reasons if he
finds the explanation unacceptable. Only the Manager permanent or acting or
any other persons specifically authorised in writing by the management
of the Estate for the purpose shall have the power to dismiss or suspended a
workman as punishment.
(f) The Manager may at his discretion
suspended a workman pending enquiry into an offence which may merit
dismissal. Such order of suspension shall be in writing and may take effect
immediately on delivery to the workman. If on enquiry the workman is found
guilty of misconduct, he shall be deemed to have been absent for the period
of suspension and shall not be entitled to any remuneration for the period.
If however, he is found not guilty, he shall be deemed to have been on duty
during the period of suspension and shall be entitled to full pay and
allowances for the period less any subsistence allowance already paid,
(g) In awarding punishment under this
Standing Orders, the Manager shall take into account the gravity of the
misconduct, the previous record, if any, of the workman, and any other
eztcnuation or aggravating circumstanced that may exist.
Section
'I'
Exhibition of standing orders &
Liability of Manager:
(1) A copy of the above orders in English
and in the language of hr local area shall be posted at the Manager's
Office and on a Notice Boards maintained at or near the main entrance
to the Establishment and shall be kept in a legible condition.
(2) The Manager of the establishment shall
personally be held responsible for the proper and faithful observance of the
standing Orders. |