SPONGE IRON INDIA LIMITED
STANDING ORDERS
1. Application
2. Definitions
3. Classification of Workmen
4. Identification Badge/Card
5. Entry and Exit
6. Search
7. Working Hours
8. Over Time
9. Publication of Holidays and Pay Days
10. Publication of Wage Rates and Classification of Jobs
11. Attendance and Late Coming
12. Leave
13. National and Festival Holidays
14. Payment of Wages and Salaries
15. Stoppage of Work
16. Essential Services
17. Termination of Employment
18. Payment at Termination
19. Medical
20. Complaints and Grievances
21. Act of Misdemeanour
22. Acts of Mis-Conduct
23. Subsistence Allowance During suspension pending enquiry
24. Punishments for misconduct
25. Disciplinary Action Procedure
26. Spot Suspension and Enquiry
27. Appeal
28. Special procedure
29. Service Certificate
30. Proof of Age or Date of Birth
31. Sufficiency of Service of Notice etc.
32. Loss of Company property
33. Exhibition of Standing Orders.
STANDING ORDERS OF SPONGE IRON INDIA LIMITED
1. APPLICATION
These orders shall apply to all workmen of Sponge Iron India Limited, SIIL Campus, Khammam District, Andhra Pradesh and come into force with effect from a date determined in accordance with section 7 of the Industrial Employment (Standing Orders) Act, 1946, as amended from time to time.
2. DEFINITIONS
In these Standing Orders, unless there is anything repugnant to the subject or context:
2.1 “Company” means Sponge Iron India Limited, SIIL Campus, Khammam District and includes the factories, Registered Office and other Administrative Office and any place where the Company operates.
2.2 “ Employer” means the Managing Director of the Company and includes any other officer to whom the powers and functions may be delegated in this behalf and wherever the expression “Management” is used, it shall mean the Employer.
2.3 “ Manager” means the Factory Manager and includes Manager of the Department and any Officer incharge of the Department.
2.4 “Workman” means any personnel employed in the Company as defined in the Industrial Employment ((Standing Orders) Act, 1946.
2.5 “Management ” means Company’s Managing Director and/or Factory Manager and/or Departmental Head and/or anyother person authorized to act on his/their behalf or on behalf of the Company, from time to time, by the Managing Director.
2.6 “Premises shall include factory buildings, offices, shops, canteen and all other ancillary offices and buildings as well as vacant space located within the factory’s premises, and shall also include the estate of the Company.
2.7 “ Factory premises” will be the same as 2.6 above, except the estate of the Company.
2.8 “ Company Notice Boards’ mean and include the Boards at or near the main entrances of the Factory, Administrative Buildings, shops and includes any other offices situated in the estate provided by the Company for exhibiting Company’s Notices.
2.9 “ Attendance” means presence of the workman concerned at the place or places where he is required to report for getting his attendance marked.
2.10 “ Medical Attendant” means the Medical Officer or any person authorized to act on his behalf.
2.11 Sexual Harrassment
Note: 1. Words denoting the masculine gender shall be read to include the feminine gender also;
2. Words denoting singular number shall be read to include the plural number and vice-versa.
3. CLASSIFICATION OF WORKMEN
The workmen of the Company will be classified as;
1. Permanent
2. Temporary
3. Probationary
4. Casual
5. Trainee
6. Apprentice
3.1 A “Permanent workman” is a workman who has been engaged on a permanent basis and includes any person who having satisfactorily completed a probationary period of six consecutive months in the aggregate or of such extended probationary period as may be granted to him, if any, in the same or any other occupation in the service of the company, has been confirmed in writing by the Management. On successful completion of probationary period, the Management shall issue letter of confirmation to probationer in writing. The aggregate period of probation shall include break due to sickness, accident, leave, lock out, strike (not being any illegal strike) or on voluntary closure of the Company.
3.2 A “temporary” workman is one who has been engaged for work which is essentially of a temporary nature likely to be finished within a limited period, or in a temporary post, or in connection with temporary increase in work, for limited period.
3.3 A “probationary workman ” is one who is provisionally employed in a permanent post and has not completed the probationary period of six consecutive months or the extended period of probation. The probationary workman shall be closely watched by his superior in regard to his ability, conduct, attendance and adaptability during the probationary period. In case of permanent workman appointed as probationer in a new post, he may, during the probationary period or at the end of that period be reverted to his permanent post, if his work is found unsatisfactory. The period of probation, originally fixed, may be extended by three months at a time by giving reasons in writing.
3.4 A “Casual” workman is one who is engaged on work which is of a casual nature or which is of a non-recurring or intermittent nature.
3.5 A “trainee” is a learner, who may or may not be paid salary or stipend during the period of his training and who is not an Apprentice under the Apprentices Act, 1961.
3.6 “Apprentice” means a person as defined under the Apprentices Act, 1961 and is paid salary or stipend during his period of apprenticeship.
4. IDENTIFICATION BADGE/CARD
4.1 Every workman, other than a casual workman, or trainee, will be given an identity badge/card at the time of his appointment, showing his number, department and photograph. The badge/card number may be changed as and when necessary by the company on account of transfer, promotion and for other administrative reasons. The badge/card shall on being required, be surrendered to the person authorized by the Management.
4.2 Every casual workman will be provided with a token showing his number, and shall on being required surrender the same to the person authorized by the Management.
4.3 Every trainee or an apprentice shall be provided with an identity card or a gate pass and he shall surrender it on being required by the person authorized by the management.
4.4 Every workman will wear the badge/card/gate pass/token in a visible manner on his person while he is on duty and while he is in the factory.
5. ENTRY AND EXIT
5.1.1 All workmen shall keep the identity cards/badges/gate passes/tokens with them and shall be required to show them to the Security Personnel and/or such other persons as may be notified by the Management, at the gates to gain entry into the Company’s premises, failing which, entry into the premises will be denied. However, any workman has forgotten to bring his identity card/badge etc. shall report to the Officer concerned at the gate who after checking with the Head of the Department concerned on telephone may allow him to enter the premises.
5.1.2 Any workmen who has entered the premises without an identity card/badge/gate pass token or permission slip issued to him is liable to be sent out and will not be entitled for the wages for the day.
5.2 All casual workmen shall pick up their token before entry into the factory from the receptacle provided for the purpose at the gates and drop them before leaving the factory. They will be permitted to enter the factory only 15 (fifteen) minutes before the commencement of their respective shifts.
5.3 All workmen, other than supervisory/female persons, will be permitted to enter the factory premises only half an hour before the commencement of their respective shifts.
5.4 All workmen shall enter and leave the factory or works premises only through the gates provided for the purpose. These gates may be closed during the working hours at the creation of the Management.
5.5 Any workman who loses his identity card/badge/token shall report the loss immediately to the Officers of the Security Department/Personnel Department.
5.6 The issue of identity card/badge/token at the initial appointment shall be free of charge. Any replacement of the same due to loss/damage owing to the negligence of default of the workman shall be charged at such rate as may be decided by the employer, but such rates shall not exceed the cost incurred on it and this sum shall be recovered from his wages. If the identity card/badge becomes illegible or disfigures due to natural wear and tear, the Management shall replace it without any charge.
5.7 The identity card/badge/token will remain the property of the company and every workman shall, on termination of service of suspension, surrender the same to the Security Department/Personnel Department failing with such sum as the employer may specify in this behalf may be recovered from the workman, which shall not exceed twice the cost of identity card/badge/token.
6. SEARCH
6.1 Any workman is liable to be detained and searched while entering or leaving or within the factory premises by the Security Department of the Company and/or such other persons appointed by the employer for the purpose. A female workman shall be searched only by a female searcher or any authorized female worker.
6.2 Any workman suspected during working hours to be in wrongful possession of any property belonging to the Company or any article prejudicial to the security and safety of the company may be called upon to submit himself for a search by Security personnel and/or such other persons authorized by the Employer. Search of such workman detained shall be made in the presence of another workman of the same sex as the workman detained for search and other independent witness or witnesses, if readily available.
6.3 Any workman carrying tiffin boxes, document cases, bags and other receptacles , shall keep them open for inspection as they pass out of the gates, or at any other time when demanded by the authorized persons of the Company.
6.4 The Company as right to remove from those searched any articles believed to be belonging to the Company or such other articles as the Company considers likely to endanger the personnel or property of the Company.
7. WORKING HOURS
7.1 The periods and hours of work and the lunch break for all classes of workmen in each shift shall be exhibited in English and in regional languages of the workmen employed in the Company on Company’s Notice Boards.
7.2 Shift Working
7.2.1 More than one shift may be worked in a Department or Departments or any section of a Department at the discretion of the Management and the workman shall work within the shift or group to which he is assigned from time to time by the Company.
7.2.2 If more than one shift is worked the workman shall be liable to transfer from one shift to another or one Department to another depending upon the exigonsis of work at the direction of the employer. Except in emergencies, the employer will, as far as possible give to the workman concerned at least 8 hours notice of such transfer from one shift to another.
7.2.3 The workmen may be assigned to any special shift to suit the convenience of Department.
7.2.4 Ordinarily, the starting and the closing time of each shift and midshift breaks will be signally by means of a whistle or a siren, but failure to sound the whistle or siren due to unavoidable circumstances will not entail workmen to attend late or depart early.
7.2.5 The Management shall be entitled by notice to alter or vary the shifts and the hours of working of such shifts as per the provisions of Industrial Disputes Atc, 1947.
7.2.6 Workmen shall not change their shifts without permission nor shall they leave their jobs at the end of a shift without the permission of their authorized superiors or until they are duly relieved by their successors.
8. OVERTIME
Subject to the provisions of the Factories Act, 1948, or other legislation for the time being in force, the Manager may require all or any number of his workmen to work over-time or on weekly holiday or on public holiday.
9. PUBLICATION OF HOLIDAYS AND PAY DAYS
Notice specifying the days observed by the Company as Holidays and pay days shall be posted on the Company’s Notice Board. The employer reserves the right to declare any day as holiday without any previous intimation to the workmen. In such cases, it will be considered as a paid holiday without effecting the quantum of other declared holidays unless it is a substituted holiday.
10. PUBLICATION OF WAGE RATES AND CLASSIFICATION OF JOBS
Notice specifying the rates of wages payable to all categories of workmen shall be displayed in English and in the regional languages of workmen of the Company’s Notice Boards.
11. ATTENDANCE AND LATE COMING
11.1 All workmen shall be at work at the commencement of the time fixed and notified under these standing orders.
11.2 Every workman, when entering the Company, shall register his attendance by delivering up his ticket, or token or by means of punching his time card or in such other manner as may be separately prescribed by the Management and notified.
11.3 Any workman who does not present himself at the time fixed shall be treated as absent; if allowed to work, deductions shall be made from his wages as provided in the payment of wages Act, 1936 as amended from time to time.
11.4 No workman shall be allowed to leave the work-spot during working hours without prior permission of his Department Head or any other person authorized by him, in the prescribed form.
11.5 Any workman, who after registering his attendance is found to be absent from his place of work during working hours without permission shall be treated as absent for the time of his absence, and he shall be deemed to be absent from the place where he is required to work, if although present in such places, he refuses, in pursuance of a stay-in strike or for any other cause which is not reasonable in the circumstances, to carry out his work, and his wages shall be subject to deduction in accordance with the provisions of payment of wages Act, 1936 as amended from time to time.
12. LEAVE
12.1 Workmen shall be entitled to Annual leave, sick leave and Casual leave, while female workers shall be entitled to maternity leave in addition to the above.
12.2 The quantum of leave that the workmen are entitled to, the manner in which it is to be applied for, and the manner in which it will be granted, will be governed by the leave rules of the Company.
12.3 Unauthorised absence
12.3.1 If a workman remains absent continuously for more than ten days without proper permission or absents himself beyond a period of 8 days originally granted or subsequently extended, he shall be deemed to have abandoned the employment voluntarily and he lose lien on employment.
12.3.2 However, if a workman returns within eight days of the expiry of the leave granted or extended and submits an explanation to the satisfaction of the management his inability to return before the expiry of the leave granted or extended, the Management will consider his case leniently. But the Management at its discretion may impose a punishment, if deemed necessary.
12.3.3 The period of the unauthorized absence of a workman will not count
a) for increment or
b) for earning leave
12.3.4 The unauthorized absence of the workman will constitute a break in his service, entailing forfeiture of his past service for all purposes unless, the break itself is condoned and treated as dies non. If the break is condoned and treated as dies non by the administration, the service rendered by the workman prior to the break will be counted for all purposes, but the period of break itself will not count for any purpose.
13. NATIONAL AND FESTIVAL HOLIDAYS:
13.1 Subject to the exigencies of work, workmen shall be granted holiday with wages on the three National Holidays, viz., Republic Day, Independence Day and Gandhi Jayanthi and May Day as compulsory holiday and other Public Festival Holidays of general or local importance during a calender year. The total number of festival holidays (including the three national holidays and May Day indicated above) to be observed in this Company every calender year shall not be more than 12 (twelve). Workmen who can not be spared on those public holidays shall be granted a compensatory holiday with wages on an alternative day at the convenience of the Management, or a day’s wages in lieu thereof.
13.2 A notification indicating the festivals which will be observed as Holidays with wages will be issued at the beginning of each calender year and will be posted a on the Company’s Notice Boards by means of circular.
14. PAYMENT OF WAGES AND SALARIES:
14.1 All wages due to workmen shall be disbursed on or before 7th day of the month following the one in which they occur. All deductions from wages shall be made in accordance with the provisions of the Payment of Wages Act, 1936 ads amended from time to time.
14.2 Wages not claimed by the workman on the stipulated payday shall be paid on any day of the month notified in advance.
14.3 If ten or more employed persons acting in concert absent themselves from work without 14 days notice to the Management, they will be liable for deduction of wages under the Payment of Wages Act, 1936.
15. STOPPAGE OF WORK
15.1 The employer, may, at any time/times, in the event of fire, catestrophe, breakdown of machinery of stoppage of power supply, epidemics, civil commotion, shortage of raw materials, lack of orders, or other causes beyond his control, stop any section/Department or Sections/ Departments of the Company, wholly or partially for any period or periods without notice.
15.2 In the event of such stoppage during working hours, the workmen affected shall be notified as soon as practicable by notices put up on the Company’s Notice Boards in the Departments concerned, as to when work will be resumed and whether they are to remain or leave their place of work. If the period of detention does not exceed one hour, the workman so detained shall be entitled to receive wages for the period they are detained, as a result of the stoppage. No other compensation will be admissible in case of such stoppage. Wherever practicable, reasonable notice of resumption of normal work shall be given.
15.3 The employer, may, in the event of a strike effecting either wholly or partially any section of Dept. of the Co., close down either wholly or partially such section or Department affected by such closing down. The fact of such a closure shall be notified as soon as practicable by notice put on the Company’s notice Boards and in the Department concerned. The workmen concerned shall also be notified by a notice on the Company’s notice boards as to when work will be resumed.
15.4 All matters connected with “lay off” will be dealt, with in accordance with the provisions of the Industrial Disputes Act, 1947.
16. ESSENTIAL SERVICES
The following departments and workmen are considered as the Company’s essential services and shall be available at all times and in all cases of emergency.
1.Fire protection
2.Watch and Ward, Vigilance
3.Telephone, Teleprinter, Telex Operations
4.Welfare Department such as Canteen,Medical and Health
5. Maintenance and Repairs Department
6. Drivers and Transport staff
7. Power and Water supply
17. TERMINATION OF EMPLOYMENT
17.1 Service of permanent workman may be terminated by either party giving to the other one month’s notice in writing or paying equivalent wages in lieu of the notice.
17.2 If any departmental proceedings are pending against a workman, he can not resign from service giving a notice, as required, in case the Management desires to continue the proceedings against him.
17.3 No notice is necessary in the case of temporary or probationary or casual workmen or trainees and their services may be terminated forthwith.
17.4 In lieu of written notice, the Company will pay wages towards notice period and, conversely, will deduct the corresponding amounts from the workman’s earnings.
17.5 If a workman leaves before the expiry of the period of notice of termination by the Company, he will be paid only for the period he actually works. If a workman does not report for work after giving notice of his intention to resign, or reports for duty for a few days and stays away without serving the full notice period he will be treated as a workman leaving without notice and an amount equivalent to his basic salary or wages for the requisite period of notice shall be recovered from him.
17.6 If a workman gives notice of his intention to resign, the Management may accept the resignation and release him at once or any time before the day of expiry of the notice period in which case he will be paid only for the period he actually works.
17.7 The services of permanent workman can also be terminate by giving one month notice or his wages in lieu of such notice where the Company can no longer repose confidence in him or if a workman develops permanent physical or mental incapacity to continue in the employment.
18. PAYMENT OF TERMINATION
The payment to which a workmen is entitled at termination on account of death, misconduct, resignation, medical grounds, superannuation etc., will be governed by the rules of the Company notified from time to time and the relevant provisions of the Industrial Disputes Act.
19. MEDICAL
All candidates selected for employment shall undergo a thorough medical examination and all workmen shall be liable for periodical medical examination as prescribed by the employer. Any workman may also be required to undergo a medical examination if the Head of his Department is of the opinion that the workman is physically unable to carry on his duties. If on such examination, the workman is found unfit, he is liable to be discharged.
20. COMPLAINTS AND GRIEVANCES
If a workman has any complaint or grievance, he should represent the same in accordance with the procedure established for the purpose.
21. ACTS OF MISDEMEANOUR
21.1 Workmen may be censured, warned in writing or fined not exceeding 3 No. In a rupee as per provisions of payment of wages Act, 1936 and the rules made there under for any of the following acts and omissions which will be treated as misdemeanour.
21.1.1 Absence without leave and without sufficient cause.
21.1.2 Smoking in the factory premises except in places where smoking is permitted.
21.1.3 Negligence in work or neglect of work.
21.1.4 Entering or leaving or attempting to enter or leave the Factory premises except by the Gates provided for the purpose.
21.1.5 Interference with any safety devices installed in the Factory.
21.1.6 Improper behaviour.
21.1.7 Committing nuisance on the Company premises.
21.1.8 Failure to notify the Company of any change in his address when proceeding on leave or during
21.1.9 Obtaining or attempting to obtain leave of absence by false pretence or feigning sickness.
21.1.10 Falsifying or refusing to give testimony when accident or other matters are being investigated.
21.1.11 Non-return of Company’s properties on or before the stipulated period.
21.2 Fine shall be imposed except by the officer authorized by the Management and till the worker concerned has been given opportunity of being heard.
21.3 All fines imposed on workers shall be credited to a special fines fund which shall be utilised for such purpose beneficial to the persons employed in the factory as are approved by the prescribed authority in this behalf.
22. The following acts and omissions shall be treated as mis-conduct:
22.1 Insubordination or dis-obedience, whether alone or in combination with others, to any lawful and reasonable order of his superiors.
22.2 Theft, fraud, breach of trust or dishonesty in connection with the employer’s business or property.
22.3 Wilful damage to or loss of employer’s goods or property or sabotage.
22.4 Taking or giving bribes or any illegal gratification or indulging in any corrupt practice.
22.5 Habitual late attendance.
22.6 Habitual absence without leave or absence without leave.
22.7 Absence from the place of work without permission or without reasonable cause or remains in the factory premises after authorized hours of work without prior permission.
22.8 Engaging in private work or trade.
22.9 Sleeping while on duty.
22.10 Striking work or inciting others to strike work in contravention of the provisions of any law or rule having the force of law.
22.11 Hide away or attempt to hide away any article or material belonging to the establishment or of any person in the premises.
22.12 Solicit or collect contributions for any purpose whatsoever at any time in the factory premises without prior permission of the Management.
22.13 Canvass for union or Association or party membership or the collection of union or party dues, funds and contributions within the Company premises during working hours or after authorized hours of work.
22.14 Habitual negligence or neglect of work.
22.15 Damage whether willful or due to irresponsible action, negligence or carelessness, to work in process or to any property of the Company.
22.16 Breach of rules and regulations, instructions, practices, conventions, methods and procedures etc.applicable to the company for regulating work, safety of the personnel, discipline, good conduct, cleanliness, avoidance of waste of time or materials or for proper running of the Company or individual departments/sections or breach of any other rules and regulations of the Company.
22.17 Slow-down in performance of work or inciting others to resort to go slow or malingering.
22.18 Displaying or distributing the company’s premises hand bills, pamphlets, play-cards, posters, banners, unauthorized badges etc. without the prior written permission of the employer.
22.19 Disclosing to any in authorized person or persons any confidential information in regard to work or any process used in the Company which comes into the possession of the workmen during the course of his work.
22.20 Writing anonymous or pseudonymous letters criticizing co-workers/superiors of the Company and making false reports against employees.
22.21 Refusal to accept or to take notice of any order or charge sheet or any other communication served either in person or in due course by post or by notification on the Company’s Notice Board.
22.22 Refusal to accept transfers from one shift, department, division or place to anothers.
22.23 Organising holding, attending or taking part in any, meeting or gathering within the factory premises during working hours.
22.24 Deliberately making false complaints against co-workers/superiors knowing them to be false.
22.25 Deliberately making false statements before a superior or forging the signature of a superior or that of any person.
22.26 Conviction by a court of law for any offence involving moral turpitude.
22.27 Proxy punching registering of attendance or shetting in the act of punching/registering attendance of another worker.
22.28 Picketing/ or violent demonstrations within the Company’s premises or any demonstrations within the factory premises.
22.29 Indulging in political activities within the factory premises.
22.30 Impersonation.
22.31 Entering and/or moving within the factory premises
(a) without identify card and/or badge on his person while on duty and
(b) without permission while not on duty.
22.32 Falsification of records and/or defalcation.
22.33 Habitual indebtedness, insolvency etc.
22.34 Making false declaration regarding age, qualification and experience in the application at the time of appointment or when physical fitness examination record is being made or any other time.
22.35 Using or commercializing or alienating any invention, discovery or patent invented, discovered or patented as the case may be, in the course of the workman’s employment under the Company for the benefit of himself or any other person, firm, company or corporation.
22.36 Applying for appointment, scholarship, fellowships, travel grants or for any training without the permission of the Company.
22.37 Spreading false rumours or giving false information which may bring into disrepute the company or its employees, or spreading panic among the employees.
22.38 Acceptance of gifts from subordinate workmen, lending or borrowing money to or from workmen and their superiors.
22.39 Refusal on the part of workman to work on a similar machine, other than the job or machine on which he is usually employed or refusal to work overtime(including on Sundays and Holidays) when exigencies of work demanding.
22.40 Handling any machine, vehicles, equipment, apparatus etc. not entrusted to his charge.
22.41 Failure to report immediately to his superior or Manager any defect in any equipment connected with his work which might endanger himself or any other person or might result in damage to the Company’s property.
22.42 Gambling and money lending or doing any other private business within the Company’s premises.
22.43 Unauthorised use of Company’s quarters, land or other property.
22.44 Failure to use safety equipment, protectival appliances, overalls prescribed uniform, safety clothing and the like while on duty.
22.45 Blocking or obstructing the Gate or Gates of the factory, offices, preaching or inciting violence, use of offensive words on any employee.
22.46 Leaving the work place before the arrival of the reliever or without informing the superior.
22.47 Repetition of any Act or omission for which a fine may be imposed under the payment of wages Act, 1936 or any other Act applicable to the Company.
22.48 Riotous, disorderly, disrespectful unmannerly or rude behaviour during working hours of the Company.
22.49
Carrying concealed weapons,
fighting, causing or attempt to cause bodily injury to another workman,
druokenness, boot-legging or conduct which violates the common decency or
morality of the community or threatening or intimidating any employees of the
works.
The instances of mis-conduct enumerated in the preceeding paragraphs are not
exhaustive and may include such other Acts of omissions and commission which are
not specifically dealt with herein above.
23. SUSSISTENCE ALLOWANCE DURING SUSPENSION PENDING ENQUIRY:
23.1 Where on a complaint of mis-conduct against a workman, disciplinary proceedings against him are contemplated or are pending or where a case against him in respect of any criminal offence is under investigation or trial and employer is satisfied that it is necessary or desirable to place the workman under suspension, he may do so by serving on the workman an order in writing to that effect. Such an order shall take effect immediately on delivery to the workman. It shall be accompanied by a charge sheet setting out in detail the reasons for such suspension and the workman shall be given on opportunity of defending himself.
23.2 A workman who is placed under suspension under clause (23.1) shall, during the period of such suspension, be paid a subsistence allowance at the following rates, namely-
23.2.1 Where the enquiry contemplated or pending is departmental, the subsistence allowance shall for the first ninety days from the date of suspension be equal to one-half of the basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled if he were on leave with wages. If the Departmental enquiry gets prolonged and the workman continues to be under suspension for a period exceeding ninety days, the subsistence allowance shall for such period be equal to threefourths of each basic wages, dearness allowance and other compensatory allowances.
Provided that where such enquiry is prolonged beyond a period of ninety days for reasons directly attributable to the workman, the subsistence allowance shall, for the period exceeding ninety days, be reduced to one-fourth of such basic wages, dearness allowance and other compensatory allowances.
23.2.2 Where the enquiry is by an outside agency or, as the case may be, where criminal proceedings against the workman are under investigation or trial, the subsistence allowance shall, for the first one hundred and eighty days from the date of suspension be equal to one-half of his basic wages, dearness allowance and other compensatory allowances to which the workman would have been entitled to if he were on leave. If such enquiry or criminal proceedings gets prolonged and the workman continues to be under suspension for a period exceeding one hundred and eighty days, the subsistence allowance shall for such period be equal to three fourths of such wages.
23.2.2.1 Provided that where such enquiry or criminal proceedings is prolonged beyond a period of one hundred and eighty days for reasons directly attributable to the workman the subsistence allowance, for the period exceeding one hundred and eighty days, be reduced to one fourth of such wages.
23.2.2.2 If on the conclusion of the enquiry or, as the case may be, of the criminal proceedings, the workman has been found guilty of considered, after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed, that an order of dismissal or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice, the employer shall pass an order accordingly.
23.3.1 Provided that when an order of dismissal is passed under this clause, the workmen shall be deemed to have been absent from duty during the period of suspension and shall not been titled to any remuneration for such period, and the subsistence allowance already paid to him shall not be recovered.
23.3.2 Provided further that where the period between the date on which the workman was suspended from duty pending the enquiry or investigation or trial and the date on which an order of suspension was passed under this clause exceeds four days, the workman shall be deemed to have been suspended only for four days or for such shorter period as is specified in the said order of suspension and for the remaining period he shall be entitled to the same wages as he would have received if he has not been placed under suspension, after deducting the subsistence allowance paid to him for such period.
23.3.3 Provided also that here an order imposing fine or stoppage of annual increments or reduction in rank is passed under this clause, the workman shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.
23.3.4 If on the conclusion of the enquiry, or as the case may be, of the criminal proceedings, the workman has been found to be not guilty of any of the charges framed against him, he shall be deemed to have been on duty during the period of suspension and shall be entitled to the same wages as he would have received if he had not been placed under suspension after deducting the subsistence allowance paid to him for such period.
23.3.5 The payment of subsistence allowance under this standing order shall be subject to the workman concerned not taking up any employment during the period of suspension. The workman is required to mark his attendance every day by presenting himself at the gate during the period of suspension.
24. PUNISHMENTS FOR MIS-CONDUCT:
A workman guilty of misconduct as shown under clause22 above may be punished with
24.1 Subject to stoppage of increments, including stoppage at an efficiency bar, with or without cumulative effect.
24.2 Demoted to a Junior category or lower grade.
24.3 Reversion/reduction up to the minimum of the scale of pay.
24.4 Suspension, without pay for a period not exceeding 4 days at a time.
24.5 Dismissal without notice or any compensation in lieu of notice.
25. DISCIPLINARY ACTION PROCEDURE:
Before awarding any of the punishments specified in Standing Order 24 a workman concerned shall be issued a charge sheet by the Management specifying the alleged misconduct and calling for his explanation offered by the workman, a domestic enquiry shall be conducted by any officer of the Company nominated by the Management. The workman if he desires, may have one representative from amongst the workmen of his section other than those under suspension during the enquiry to assist the workman. The workman shall be permitted to produce witnesses for his defence(from amongst the employees of the Company) for which he has to make his own arrangements and cross examine the witnesses on whose evidence the charge rests. The charged workman will be supplied with a copy of the proceedings of enquiry on closing of the enquiry if requested by the workman. The enquiry officer shall write the findings and forward the same to the Management who shall, if the employee is guilty after taking into account the gravity of mis-conduct and the extenuating circumstances if any shall decide the punishment and communicate to the concerned charged workmen.
26. SPOT SUSPENSION AND ENQUIRY
Where a workman is apprehended committing acts like theft, arson, deliberate damage to plant and property, riotous or disorderly behaviour carrying dangerous weapons, the workman shall be kept under suspension on the spot and the misconduct shall be enquired into immediately. The decision on the finding of the enquiry will be communicated to the workman by the Management and shall be effective immediately on delivery to him. In case of his absence and/or refusal, it is effective immediately on posting the same on the Company’s Notice Board.
27. APPEAL
The aggrieved employee has the right to appeal to the Managing Director to review the action taken against him. The decision of the Managing Director shall be final.
28. SPECIAL PROCEDURE:
Notwithstanding anything contained in Standing Orders 21 to 25 above, no enquiry is necessary before taking any disciplinary action in cases where the workman has been convicted by a Court of Law for an offence involving moral turpitude or the Management is satisfied for the reasons to be recorded in writing that it is impracticable or inexpedient for reasons of security, the workman may be dismissed/discharged or otherwise punished summarily dispensing with the enquiry.
29. SERVICE CERTIFICATE
Every workman shall be entitled to Service Certificate at the time of discharge or retirement from the service, on request
30. PROOF OF AGE OR DATE OF BIRTH:
In determining the age of workman the date of birth entered in his school certificate produced by him at the time of employment will prima-facie be admitted as proof of the workman’s age. However, in the absence of such proof a Certificate from the Company’s Medical Officer will be considered. The decision of the Management as for the proof of age is final and conclusive.
31. SUFFICIENCY OF SERVICE OF NOTICE ETC.
Any notice or charge required to be delivered to a workman may be served personally or by Registered Post addressed to the workman at the last address furnished by him. If a workman is not found or evades, or refuses service, a copy may be posted on the notice board of his department and such posting shall constitute adequate service of notice.
32. LOSS OF COMPANY PROPERTY
The amounts to be recovered from the workmen for the loss of Company property will be in accordance with the provisions of the Payment of Wages Act, 1936 and the rules made there under.
33. EXHIBITION OF STANDING ORDERS
A copy of these orders in English, Telugu and Hindi shall be posted on the Company’s Notice Board and shall be kept in legible conditions.