Escolar Documentos
Profissional Documentos
Cultura Documentos
IN RESPECT OF
M/S Lilly Fashions Pvt Ltd, Plot No 113, Udyog Vihar, Phase-4, Gurgaon
1. Scope and Application:- These Standing Orders shall come into force in
accordance with the provision of Section 7 of industrial employment (Standing Orders) Act
1946 read with Rule – 11 of Industrial Employment (Standing Order,) Punjab (Haryana First
Amendment, 1969) Rules, 1949 and shall apply to all workmen of M/S Lilly Fashions Pvt
Ltd, Plot No 113, Udyog Vihar, Phase-4,Gurgaon
including its registered office, Head Office, all office, sub offices, regional offices and
establishments (existing to-day or to be set up in future) anywhere in the State of Haryana.
2. Definitions: In these Standing Orders, unless there is anything repugnant to the
subject or context:
(1) “Act” means the Industrial employment (Standing Orders) Act 1946.
(2) “Rule” means Industrial Employment (Standing Orders), Punjab Rules 1949
(3) “Company” means M/S Lilly Fashions Pvt Ltd, Plot No 113, Udyog Vihar, Phase-
4,Gurgaon including it’s all offices, Head Office, Regd. office, Sub – Office,
Regional Offices, Branch Offices, and Establishment anywhere in the State of
Haryana existing to- day or to be setup in future.
(4) “Establishment” means all premises of the Company and its factory in particular.
(5) “Management” means the Proprietor, General Manager, Manager and any other
person who has been authorized in writing by the Company / Firm for the
purpose of these Standing Orders.
(6) “Manager” means the person designated as such under the Factories Act, 1948
and whose name has been notified to the Chief Inspector of Factories as a
Factory Manager or any other authorized representative(s) of the Management
declared in this behalf.
(7) “Habitual”: means an act or omission that is repeated three times or more within
a period of one month.
(8) The terms listed below will have the same meaning as provided in the Industrial
Disputes Act, 1947.
(a) Appellate Authority
(b) Appropriate Government
(c) Retrenchment
(d) Workmen
(e) Layoff
(f) Lockout
(g) Strike
(h) Closure
(9) “Words Importing” singular number and masculine gender shall include the
plural number and feminine gender, respectively, and vice-versa also.
All words and expressions used in these Standing Orders and which
have not been defined in any of the clauses above shall have the same
meaning as assigned to them in the Industrial Dispute Act, 1947 or the
Factories Act, 1948.
(10) "Employer" means the Managing Director or Director or Partner or the Manager
or any other person authorized by any of them.
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(11) “Muster Roll” means the Attendance Register or Records maintained under the
provisions of the Factories Act, 1948 for the time being in force
(12) “Work Premises” includes the precincts of the Company and other places of
work where a workman is deputed or posted to work and also includes factory
premises, factory compound, factory building, administrative and other buildings
situated inside the factory compound, and the precincts thereof. It also includes
vehicles, Company property whether owned and or managed and or hired and or
the places on which the Company activities either permanently or temporarily
may be carried on.
(13) "Attendance" means the presence of the workman concerned at the work-station
and actual working, after getting his attendance marked, in the manner
prescribed by the management from time to time.
(14) “Night Shift” means any shift, which commences after 10:00 PM.
(16) "Notice" means all notices issued in writing or to be posted for the purpose of
these Standing Orders and any other essential law for the purpose of information
or communication to the workmen.
(17) "Notice Board" means a board maintained in a conspicuous place, in the factory
premises or near the main gate, for the purpose of displaying notice required to
be posted or affixed under the Standing Orders or for exhibiting notices under
any law, and includes the notice board(s) maintained in Individual department(s).
(18) “Superior” means any persons who by nature of his duties exercises authority,
supervision or control over a workman.
(20) “Month” means a calendar month consisting of the respective number of days in
a particular year for the purpose of a monthly rated worker and consisting of 26
days of a monthly rated worker.
(21) “Identity Card” means an identity card issued by the management signed by
authorized person.
(1) Permanent
(2) Probationers
(3) Substitute or Badli
(4) Temporary
(5) Casual
(6) Trainees
(7) Apprentice
(3) “Substitute or Badli” is one who has been engaged for work in place of any
workman who is temporarily absent or leave on any day and whose name is
entered in the register of substitutes. He/She will not entitled to any wages or
compensation for the day on which he/she is not provided with work.
(6) “Trainee” means a person engaged with or without stipend/salary for learning
any work, operation or trade for any period but not exceeding one year,
subject to such terms and conditions as may be specified in the order of his
employment as a Trainee, including any Agreement Bond executed by him
with the Company. The provisions of these Standing Orders shall not apply to
any apprentice or stipendiary trainee in respect of whom the Company
undertakes with the Government or public or educational bodies, to provide
only practical training for a specified period. The trainee will not have any right
to employment in the company. In the event of unsatisfactory performance by
a trainee , of which the Management shall be the sole and binding judge,
traineeship may be curtailed or extended or terminated without assigning any
reason thereof. Trainees will be paid 75% of the wages applicable to the
category but it will not be less than the minimum wages for an unskilled
category of worker.
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(7) “Casual Workman” means someone who is engaged on day-to-day basis for
any work of a causal, occasional/ intermittent nature and is liable to be
terminated at any time without notice, irrespective of the type of job or the
period of employment. Working casually for the company will not entitle the
workman to demand permanency in the job.
(2) At the time of seeking employment all persons may be required to make an
application in writing and also to fill in and sign the prescribed form/forms of
employment of the company.
(3) All workmen will be deemed to have been appointed on the basis of the
applications / representations made and facts disclosed in their applications
for employment of / in the form/forms required to be filled at the time of
employment. The Manager may verify the antecedents of a workman made
false declaration in the establishment or in case the verification of
antecedents’ reveals any adverse remarks/reports against him/her which
would in the opinion of the manager make him/her unfit for employment in the
establishment, appointment is liable to be terminated without any
compensation or notice whatsoever.
5. Service Record:
(1) The management will maintain service record of every workman in which
concerned entries would be entered and it will be certified by authorized officer.
(2) At the time of appointment, all workmen shall register their residential address
with the company. In case of change of residential address, the workman shall
inform the Company of the change of address. If the workman does not inform
the Company of the change in address, then all the correspondence will be done
at his last given residential address.
(3) Every employee who leaves the service of the Company (retires, is dismissed
or discharged etc.) shall without avoidable delay be given a service Certificate
from the management. Service certificate will not be given when an employee
leaves the service of the Company for participation in illegal strike.
(4) All the workmen shall give authentic proof of their date of birth within two months
of the certification of these standing orders. The following proof shall be treated
as authentic proof of his/her age.
(8) In the absence of the above proofs, the Management may accept any other proof
age in its sole discretion.
(9) The date of birth of a workman once entered in the records of the establishment
shall be the sole evidence of his age in retention to all matters pertaining to his
service including fixation of his date of retirement/superannuation. The
Management will also have the right to verify the genuineness of the statement
as made in the employment form with regard to the date and year of birth at any
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time. If the date of birth is found to be incorrect, the date as ascertained by the
management shall be treated as final.
(1) The name for every workman shall be entered in the Muster Roll indicating
classification to which he belongs.
(3) Every workman except causal Badli and apprentice/Trainee shall be provided
with Identity Card, which he shall pin on his/her shirt during working.
(4) Every workman shall, when entering the establishment deliver his/her
ticket/token/card at the notified place and shall show it whenever required
(Expert when it is not in his/her possession by reason of having been so
delivered) to any person authorized by the Manager in his/her behalf.
(5) The day on which a badli works in establishment in place of any workman
being on leave or otherwise it shall be entered on his/her ticket.
In case a workman loses his identity card given to him/her. It shall be
his/her duty to get duplicate card issued for which he/she shall be liable to
pay Rs.20/-(Twenty Only). The workman will return the identity card at the
time of him/her ceasing to be in the employment of the company in any
manner.
(1) No workman shall enter or leave the premises of the establishment expect by
gate or gates appointed for the purpose.
(2) Any workman may, when leaving the department of the premises of the
establishment are searched at the point of exit or in the department by the
Security Guard or by any other person so authorized by the Manager for this
purpose.
(3) Any female worker may be detained by the Security Guard or by any other
person so authorized by the Manager for the purpose of search by a female
searcher only, if acting without notice, he suspects that she is in wrongful
possession of property belonging to the establishment.
(4) No workman shall enter or try to enter the factory premises unless the
concerned employee is on his/her shift duty, or he/she has been specifically
asked or permitted by the Manager to come to the factory.
(5) On the day of duty, no workman shall enter the factory premises 15 minutes
before the commencement of his shift working. After the working hours must
leave the factory unless specifically required to overstay by the Manager.
(6) During the working hours no workman shall leave the factory before
completion of his duty hours unless the early leaving is permitted in writing by
an authorized officer of the company and upon obtaining a written gate pass
for the purpose.
(7) A workman who is off duty or who has been granted leave/ suspended or
discharged or has been declared to be suffering from any contagious
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infections/ disease shall leave the factory immediately and shall not come
back unless specifically authorized in writing by the Manager.
Notice showing the period and hours of work for every class and group of
workman in the establishment and for each shift shall be displayed on notice board
maintained for the purpose in the establishment at the notice board or near the main
entrance to the establishment.
Subject to the provisions of Factories Act 1948, or other legislation for the time
being inforce, the establishment reserves the right to require all or any number of its
workman to work overtime or any weekly holidays and public holidays in accordance
with notice which may be issued from time to time. Such notice is displayed on the
notice board of concerned department and copy sent to the Factories Inspector.
Notice specifying (a) the days observed by the establishment as holidays and
(b) paydays shall be displayed on the notice board in English and Hindi.
During the shift working hours any workman desirous of going out of the
factory on personal/official business shall obtain a gate pass from the head of the
department or any authorized officer and shall surrender it at the security gate. The
security staff will not allow any workmen to go out without a valid gate pass.
11. Visitors:
Personal friends and relatives are not encouraged to visit to meet any
workmen during the working hours. However, in case of emergency if any relative or
friend visits the factory to meet an employee, in such eventuality, prior permission
shall be obtained from a senior officer of the department before meeting such friend
and relative. Such meetings shall be of the shortest possible time and shall only take
place at the security/gate office of the factory.
Notice specifying the rates of wages payable to all classes and categories of
workers shall be displayed and maintained at notice board.
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Shift workers shall leave the factory premises as soon as their shift duty is
over. However, where the work is continuous or where by the very nature of job it is
necessary that the shift worker cannot leave the job without handing over charge of
the duty position to the succeeding shift worker (reliever) he shall not leave his duty
place or position before being relieved by his reliever. In case of sudden absence of
the reliever, the department head or shift incharge should be informed to make
suitable arrangement for taking over the charge from him in such unexpected
exigencies if required, the concerned worker shall continue to work in the next shift
and he shall be paid for the same as per law.
Any notice of discontinuance or re-starting of a shift working required under
these standing orders shall be displayed conspicuously by the employer on a notice
board at the main entrance of the establishment.
15. Leave:
(a) Leave shall be granted only at the sole discretion of the Management or the
person so authorized, and nothing will limit the free discretion of the Management
/ delegate to refuse, revoke or curtail leave as the exigencies of the company’s
work may require. The management may as well recall a workman on duty before
the expiry of his sanctioned period of leave.
(b) No workman while on leave shall take-up any employment or any vocation for
profit or gain. If he does so, it shall be a deemed misconduct under these
Standing Orders.
(c) All holidays whether occurring during or at either end of the earned / privilege
leave shall not be counted as a part of the leave except when absent, or on leave
without pay.
(d) Apprentices shall be entitled to the leave facilities available to him either in their
appointment letter agreement or the Rules framed under the Apprentices Act,
1961.
(e) Annual Leave with pay shall be allowed as provided in Chapter VIII of the
Factories Act, 1948, amended upto date and other statutory as in force from time
to time.
(f) All leave applications must be sanctioned prior to proceeding on leave and he
must leave his address with the Company on which communication can be made
during the leave period.
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Leave with wages cannot be claimed as a matter of right.
Leave with wages shall be allowed as provided for in Chapter VIII of the
Factories Act, 1948 and other holidays in accordance with Law and contract. A
workman who is desire to avail of his leave under the Factories Act, 1948 shall
apply to the Manager or any other officer authorized in this behalf in the prescribed
manner as under :-
(i) An application shall be made in writing in advance to the Manager or the
person authorized and notified for the purpose stating clearly the date
from which the leave is required, reasons warranting the grant of such
leave and duration for which it is required along with the address for
communication, during the period of leave, and it shall be submitted to the
officer notified for the purpose of Manager, at least 15 days in advance if
the leave is for a duration of more than three days when it is on
account of medical ground, death or serious illness in the family, accident
or fire in personal house or any such natural catastrophe in which case the
manager / person authorized may grant him leave ex post facto and the
application must have been received within two days of the first day of
absence.
(ii) Order on the leave shall be passed without delay and always before the
leave applied for is to commence, or within 24 hours of the receipt of
application, if it is received on the same day under the circumstances
mentioned above and it shall be presumed that the leave applied for has
been sanctioned to the workman.
(i) Every worker shall be entitled to seven days casual leave with wages
during one calendar year. During the year, a workman may be allowed
not more than 2 days casual leave for every three months of actual
work. Application for such casual leave must be made in writing to the
department head at least one day in advance except in emergent
circumstances for which full proof must be produced to the satisfaction
of the Department Head.
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(ii) Casual leave will not be ordinarily given for more than two consecutive
days at a time and will not allowed to be combined with any kind of
leave / holiday except with the express permission of the Manager.
(1) All workmen shall be paid wages on a working day before the expiry of the
seventh day of the wage period in respect of which wages are payable. If the
number of workmen exceeds one thousand the wage shall be paid to all
workmen on or before the expiry of tenth day of the succeeding month.
(2) Any wages due to a workman, but not paid on the usual pay day on account
of being unclaimed, shall be paid by the Management on any working day
before the expiry of the second working day after the day on which a demand
is made by the workman or on his / her behalf by his / her legal representative
in accordance with the provisions of the Payment Of Wages Act, 1936
applicable to the industrial establishment. If the workman is unable to present
himself / herself the employer shall send his/her pay by money order at
his/her cost, if requested by him so to do and if the necessary amount has
been sent by the workman to the employer in advance to defray the cost
of money order commission.
(4) All unclaimed wages shall be kept for payment to the workmen or the legal
heirs or nominees for two years from the period they are due to paid, these
shall be disposed off in accordance with the provisions of law for the time
being in force, in this regard.
(5) Where the employment of any workman is terminated, the wages earned by
him/her and other dues payable subject to the deductions under law, shall be
paid before the expiry of the second working day, from the day on which
he/she ceases to be in employment of the Company, provided the workman
has obtained his/her "Clearance Certificate" from the Manager and has
handed over the possession of the accommodation, tools, fixtures, records
and other properties of the Company entrusted to him/her, failing which the
Management shall reserve the right to deduct the dues from his/her full & final
settlement of wages.
(6) If a workman fails to collect his/her final dues within a period of two years
from the date of separation from the service of the Company, the Company
will not be responsible for non-payment of final dues by due date.
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Wage Slip
(2) Where the pay is distributed in the morning session, the wage slip will be
given to workers one day before and where the pay is distributed afternoon,
the wage slip will be given to the workers before lunch. All the workers will be
given the pay slips before distribution of pay.
(3) If any workman has any objection about pay, he may be allowed to rectify the
same so that the distribution of pay may not suffer.
(4) If any enquiry about distribution of pay is not necessary, then the objection
will be entered and the pay as per pay slip will be distributed. If the objection
raised by the workman found correct, the same would be settled within 6 days
from the date of objection raised.
Provided that the objection raised and there is a trend to take receipt, final receipt of
payment will not be taken until the completion of enquiry.
18. Confidentiality
(1) Every workman shall observe strict secrecy regarding all company’s matters
and shall not reveal or communicate to public or to anybody any matter which
may come to his knowledge in the course of discharge of his duties or
otherwise, except when required to do so specially in writing from the
management.
(2) No workmen shall take any papers, books drawing, photographs, instruments,
apparatus, documents , or any other property of the industrial establishment
out of the factory/establishment premises except with written permission of
the management nor shall he pass any information regarding manufacturing
process , trade secrets and confidential documents to any unauthorized
person, corporation or company without the written permission of the
management.
No workmen will do any act contrary to the interest of the company and will
not disclose any information or pass on any document, drawing, photograph etc to
any outsider which jeopardize the interest of the company. The following will be
included in essential service in the company:-
(1) Transport
(2) Sanitary
(3) Water Supply
(4) Medical supply
(5) Supply of Electricity which includes TG/DG, Generator Sets, Biolar and
lighting.
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(6) Communication System
(7) Safety and Fire workmen
(8) Guest House/Canteen workmen
(9) Workmen, Manager or superior officer and their personal staff.
(10) Maintenance and Repair workmen.
20. Transfers:
All workmen are subject to be transferred from the one department to another
or from one factory/ office/ place of business to another, anywhere in the state of
Haryana where the company has its factory/ office/ place or business or may have at
any time. However the wages of the workman concerned shall not be adversely
affected by such transfer. Workmen can be transferred from one workplace to
another workplace depending on his work performance. When the transfer is from
one City to another City, then his eagerness will also be considered or where the
appointment letter provides for –
(2) Sufficient time be given for joining duty in case of transfers from one state to
another state.
Every workman will compulsory retire when he attains the age of 58 years as
per the Date of birth in company records. If a workman becomes medically unfit for
the job on which he is employed, then he will lose his right on the job and will be
given superannuation. Retirement from job will not be termed as retrenchment,
where no retrenchment compensation as per provision of Industrial Disputes Act,
1947 will be payable, which as follows:
(1) The workmen who are layed off, shall be entitled to lay-off compensation
under the provisions of industrial dispute Act, 1947.
(2) After considering the facts and circumstances and report of the inquiring
officer, proper disciplinary action (like suspension / retrenchment etc.) will be
taken against the concerned worker. The officer will issue a report in this
regard, a copy of the same will be made available to the concerned workman.
(3) Lockout in any department of the company will be declared as per the
provisions of Industrial Disputes Act, 1947.
(4) Before going on strike the workers will have to give advance notice before 15
days as per rule to the management.
22. Resignation
(1) If a regular workman intends to leave the service of the company he shall give
one month’s notice of his intention to do so in writing, to the management or
may, he wants to be relieved earlier, surrender in lieu thereof wages
equivalent to the days for which the notice falls short of one month nut if the
exigencies of work so require the management may refuse to receive him
earlier then the entire period of notice has run out. The management shall
have the right to condone the notice period and relieve the workman earlier.
The workman shall have nor right to demand payment for remaining days
under such circumstances.
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(2) No workman shall leave service unless his resignation is accepted. If a
workman leaves without the acceptance of registration or without being
relived of his charge, he shall be liable to be sued by the company for the
damages. The management shall be entitled to recover the cost of company’s
property and the case expenses from his dues.
(3) If the workman leaves the place without handling over quarter to the company
he shall be treated, as trespasser and the company shall be entitled to take
possession of the quarter without any notice. The company shall be
responsible for any loss to workman concerned under such circumstances.
(1) Before joining the organization every workman shall have to necessarily submit
for a thorough medical check up by a Doctor of the Company or by a medical
practitioner specifically nominated for the said purpose.
(2) Subject to the certification by the Doctor that the employee is physically and
mentally fit to take up employment with the organization, the prospective
employee shall be permitted to join his/her duties in the organization without
which the offer of employment shall be Company may require its employees to
undergo general or specific medical check up at its cost by a physician
nominated by it and the services of an employee may be terminated or he may
be given alternative less or job with reduced pay if he/she is found
unfit/incapable of performing or continuing on his existing job.
25. Safety
The workmen shall comply with all of the safety rules, regulations and
instructions displayed at various places through out the premises of the factory, in
accordance with the Factories Act, 1948. Safety Guards and safety devices which
are provided shall always be used by every workman. They shall not tamper with it
nor make it ineffective, excepts while making repairs to the machine or equipment,
and that too, with the express permission of their in-charge. When repair are
completed safety devices must be always be replaced back in its original position
before the machine or equipment is put into operation. Failure to comply with any
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safety regulations shall be deemed as misconduct and shall be liable for disciplinary
action as provided in these Standing Orders.
Safety Precautions:
(a) Workmen shall engage themselves only in operations at the machine or the
duties to which they have been posted. The execution or their duties must be
in safe manner laid down for the operation, etc. of the machine or duty
concerned.
(b) Removal of any safety devices or guards, cleaning of machine while they are
running etc. are expressly forbidden.
(c) Safety instruction orally given or posted on the notice board are to be
followed.
(d) Workmen shall use the safety equipment and appliances provided for the
respective jobs by the company.
(e) Safety equipment and protective equipment provided by the company are
intended for use inside the establishment premises only and shall not be
taken out without written permission. Violation of this rule shall be treated as
theft of company property.
(f) In the event of an emergency or accident involving injury, workman shall
notify it to the supervisor immediately.
(g) The wearing of wristwatches, jewellery, necklaces or long sleeves is
prohibited while working on any operation where doing so may constitute a
hazard.
(h) Finger ring will not be worn at any time by employees whose normal and
regular work assignment is in the manufacturing area. Other employee will
not wear finger rings while handling material or equipment or operation
machinery or equipment.
(i) Smoking is not permitted in prohibited areas which are indicated by “NO
SMOKING” sign and or red lines painted on floor.
(j) Safety eye protection (Certified Industrial lenses and frames) must be worn
on all company property except in offices, training center, and canteen
(k) Safety guard must be in place before operation of a machine. Only authorized
personnel may remove guards for repair and must replace them immediately
following the repair.
(l) Electrical disconnection of switch is a must, where possible, be padlocked
while repairing equipment.
(m) Electrical and hydraulic switches must be shut off, and air pressure released
while making changes, repairs, cleaning oiling in or around any moving part
that is hazardous. In the event that power must be turned on to check your
work, extreme care should be exercised.
(n) Machinery and equipment shut down for major repairs, tool or die changes
must be equipped with safety locks to prevent accidental operation. The
decision to lock out for tool changes or adjustments must be made on
divisional lock out procedure.
(o) Only authorized electricians are permitted to make changes or repairs on
electrical equipment unless authorized by supervisor.
(p) All machines, except those specified by Supervisor, must be shut off while
unattended.
(q) Machinery or equipment may be operated only after thoroughly following
instructions in its safe operation.
(r) The use of compressed air to blow off clothing or cool the body is strictly
prohibited.
(s) The air hose shall be used only for the purpose for which it is intended and
shall never be directed at another employee.
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(t) Do not cause any unsanitary condition in drinking fountains, water coolers or
elsewhere in the plant.
(u) Employees must wear prescribed safety clothing, if any, and equipment.
(v) Employees other than operators must not ride on electric or gasoline driven
trucks, or transports unless a seat is authorized.
(w) Always use the pedestrian doors when they are specifically provided.
(x) Attempting to un-jam equipment with the power sources on is prohibited.
Wherever and whenever possible body members, such as hands and fingers
shall not be used to un-jam the equipment.
(y) Blocking stretchers or fire equipment is prohibited.
(z) Employees with long hair must wear protective hair covering when exposed to
equipment that would create a safety hazard.
(aa) Employees must use the hearing protection required by their job assignment
in the manufacturing and test areas.
(ab) Operating any powered equipment that has had any safety plugs or limit
switches rendered ineffective is prohibited.
(ac) Crossing over assembly lines, transfer machine, or conveyors at other than
designated positions is prohibited.
26. Duty of Employer or Other Responsible Persons in Work Places and Other
Institutions against sexual harassment.
(1) Definition:-
The employer or person in charge of work place should take the following
steps:-
(a) Express prohibition of sexual harassment as defined above at the
work place should be notified, published and circulate in appropriate
ways.
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(b) If any one is found guilty of the above act the same may be taken into
account and the penalty imposed on the offender as per conduct
rules.
(c) Where such conduct amounts to a specific offence under the Indian
Penal Code or under any other law, the employer shall initiate
appropriate action in accordance with law by making complaint with
the appropriate authority.
The complaints committee should be headed by a woman and not less than
half of its member should be women. Further to prevent the possibility of any undue
pressure or influence from senior levels, such complaint committee should involve a
third party, either NGO or other body who is familiar with the issue of sexual
harassment.
The complaint committee must make an annual report to the management concerned of
the complaints and action taken by them.
27. Misconduct
The following acts and omissions on the part of the workman shall amount
to minor misconduct.
(ii) Absence from duty without leave for two delays or les for any reason
whatsoever.
(v) Loitering or leaving the place of work without any proper reason or without
the permissions of the supervisions.
(vi) Refusal to undergo training in first aid and air-aid precautions without
sufficient reasons.
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(viii) Spitting at a place other the meant for the purpose with in the premises of
the company.
(ix) Committing any act prejudicial to the sanitation and hygiene of the
company or establishment.
(ii) Striking work either singly or with others without giving due notice prescribed by
law or rule shaving the force of law or adoption of go-slow tactics.
(iii) Inciting any other workman to strike were or to adopt go-slow tactics.
(iv) Theft, fraud or dishonestly in connection with the company’s business or property
or a theft of any other employee’s property within the establishment/company.
(vi) Habitual absence without leave or absence without leaves for more than three
consecutive days in a month.
(vii) Late attendance repeated on for more than three occasions within one month.
(xii) Taking leave privileged or concessions or benefits for the time being in force on
false pretext.
(xiii) Refusal to offer himself for interrogation by the head of the department or any
other person authorized by the manager or not to furnish any statement requiring
his answer.
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(xiv) Refusal to accept any communication or charge sheet or any communication or
order from the company is to refuse to put signatures or thumb impressions on
the enquiry proceedings.
(xv) Doing private or personal work during the working hours within the premises of
the company without the prior permission of the manager in writing.
(xvi) The collection or canvassing for collection or any money whatsoever for purpose
not authorized by the manager within the premises of industrial establishment.
(xviii) Wrongfully interfering with the record of attendance of himself or any other
workman.
(xx) Allowing unauthorized persons or helpers to operate the machine without the
permission of the head of the section/department.
(xxi) Tampering with any safely device installed within the company/establishment and
failure to observe duly notified safety instructions.
(xxiii) Damage whether willful or due to irresponsible action to work in process or to any
other property of the establishment.
(xxv) Attempting to have an access to office record of the company without the
permission of the manager or collection of data or secrets of the company.
(xxxi) Anywhere within and even outside the limits of the company committing or
inciting other to commit any breach of the law or rule of the company.
(xxxiii) Alone or in combination with other anywhere within the establishment causing or
threatening to cause mental and/or physical pains or injury to any other employee
and/or workman.
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(xxxv) Conviction for any criminal offense involving moral turpitude in any Court of law.
(xxxvii) Smoking within the premises of the Industrial Establishment except in place
where smoking is permitted.
(xxxviii) The sale of conversing for the sale of tickets, coupons or other tokens in
connection with any scheme fort the sale of my commodity or article within the
premises of the Industrial Establishment.
(xl) Engaging in other employment or business while still in the service of the
establishment/company without the written permission of the
Management/Manager.
(xlii) Holdings, organizing or attending or taking part in any meeting within the
establishment/company without the prior permission of the management or
except in accordance with the provisions of any law time being in force.
(xliii) Disclosing to any unauthorized person any information relating to the secret of
the trade of business of the company/establishment or process, which may come
to the knowledge/possession of the workman in the course of his work or
otherwise.
(xliv) Any act involving molestation or abeyant to molestation and rape or abetment to
rape, indulging or abetment to indulge in an act of homosexuality within factory
premises and precinct thereof including the housing colony.
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(ii) By dismissal, discharge or removal from services without notice or
compensation.
29.1 Charge Sheet & Explanation: A Charge sheet setting out briefly the facts of the
charge and circumstances alleged against him specifying the nature of his
misconduct shall be given to the employee concerned and the employee shall be
bound to receive it. The charge sheet may specify the period within which the
employee shall give a written explanation.
29.2 If the employee refuses or dodges or evades to receive a charge sheet or any
order or other communication, an endorsement to that effect in the copy of
this communication by the person who attempted to serve the same and
duly signed by witness, if any, will amount to communication of the
contents to the workman to whom the communication is made.
29.4 If the explanation in reply to the charge sheet / show cause memo is not
found satisfactory or no reply to show cause is received even after sufficient
time has been given, and it is considered necessary to take further
proceedings under these Standing Orders, the Management may order an
enquiry to be held. Such an enquiry may be held for a workman
individually or several workmen where act of misconduct alleged relates to
several workmen
29.6 No outsider will be permitted to take part or help the person charged in
the enquiry. However if the workman charged with misconduct desires and
makes a request in this regard to the Enquiry Officer he may be permitted
to have the assistance of any other workman working in the same
department as himself.
29.7 The employee shall be permitted to examine any witness to substantiate his
explanation or disprove the charge. He shall be given opportunity to cross
examine any witness on whose statements and evidence the charge rests or
peruse any document relied upon in support of the charge, unless the Officer
holding the enquiry, for reasons to be recorded in writing, considers such request
is frivolous or will cause undue delay and not necessary in the circumstances of
the case.
29.8 Provided that where in the opinion of the Manager such document is of a
confidential nature, he may permit the employee to peruse only that portion of the
document which is relevant to the charge or may merely inform him of the
contents of the document or that portion of the document as may be relevant to
charge.
29.9 If the employee against whom the enquiry is held, misbehaves with the Enquiry
Officer or with the witnesses or with any other person present during the enquiry or
does any act which hinders the smooth conduct of the enquiry, such fact shall be
recorded by the Enquiry Officer in addition to such act or conduct being taken
cognizance of by the Management as a misconduct and disciplinary action
thereof and this will be taken into account in awarding the punishment.
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29.10 If the employee fails to attend the enquiry despite notice served or against
whom an enquiry is held leaves the enquiry during the course of the enquiry
proceedings without the permission of the Enquiry Officer, the Enquiry Officer may,
at his discretion, proceed with the enquiry ex-parte, after recording such fact.
29.11 The Enquiry Officer shall make a brief and faithful record of the statements made
and the evidence laid before him.
29.12 The charge sheet, explanation and record of enquiry with such recommendation as
the Enquiry Officer may make, shall be submitted to the Manager or other person
appointed for the purpose of decision. The decision & punishment if any shall be
communicated in writing to the employee concerned as early as possible.
29.13 Where after such examination of the records the charge against the workman
is found unsustainable or disproved he shall be informed of the said fact
and suspension if any ordered shall be treated as cancelled and the
employee will be treated as if he was on duty & shall be entitled to full
wages for the period less the subsistence allowed paid already, if any.
29.16 A copy of the findings shall be given to the workman concerned inviting his remarks
in writing to the findings of the Enquiry Officer. The workman in such case is
required to submit his remarks in writing within 3 days.
An individual workman who feels to have grievance can make use of this
Grievance procedure. The workman can also avail of the grievance machinery
on receipt of an order or instructions to him causing a grievance. However, the
aggrieved workman must comply with the said order or instructions before
having recourse to the grievance procedure. The operation of the order will not
beheld up till the grievance machinery is completely exhausted.
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supervisor all facts and evidence (verbal) or (Documentary). If the complaint is
not resolved in the discussion with the supervisor, the workman may request a
meeting to present his grievance to his departmental in charge. The said
meeting will be scheduled as soon as possible. The departmental in charge
shall give a verbal answer within 2 days after the date of the meeting.
(Step – 2) If the workman concerned is not satisfied with the decision of his
immediate supervisor/department in charge or he fails to receive the reply
within the stipulated period, the workman shall either in person or accompanied
by his departmental coworker, present his grievance to his divisional manager
in writing. A copy of the written grievance will also be endorsed to the manager
personnel. The divisional manager shall give his written answer within four
days after the presentation of the grievance by the aggrieved workman.
A copy of these Standing Order in English and in such other vernacular language(s),
Hindi and other vernacular Language(s) as is or are understood and spoken by the labour
employed shall be posted at the manager’s office as well as on the notice board maintained
at or near the main entrance to the Establishment and shall be kept in a legible condition. In
case of conflict between the interpretations of the Standing Order, the English Version shall
be treated as correct and authentic.
The Company may formulate its rules and regulations to elucidate any matter
contained in these Standing Order and post such notice as its may deem necessary for
running of the factory. These rules, regulation or notice may pertain to the while or to any
section or sections of the factory and every workman shall obey such rules and regulations
applying to his section. Provided however, no rules and regulations made shall be
repugnant to these Standing Orders.
CERTIFICATION
In exercise of the powers confirmed on me under Section 2(c) read with Section 5(2)
of the Industrial Employment ( Standing Orders ) Act, 1946 ( Act of XX of 1946). I, Anupam
Malik, Certifying Officer and Joint Labour Commissioner, Haryana do hereby certify the
foregoing Standing Orders of M/S Lilly Fashions Pvt Ltd, 113, Udyog VIhar, Phase-4
Gurgaon on this day ___________at _______under my hand and seal of office.
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(Anupam Malik)
Joint Labour Commissioner- Cum-
Certifying Officer, Haryana, Chandigarh.
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