MISCONDUCT AND DISCIPLINARY ACTION :
The following acts on the part of a workman shall constitute Major Misconduct: Note: (This list is illustrative and not exhaustive)
a) Impertinence, in-subordination or disobedience whether alone or in combination with others of any lawful or reasonable order whether written or verbal of the supervisors.
b) Committing theft, embezzlement, misappropriation, fraud or mischief in respect of any goods or property of the Unit.
c) Willfully or negligently causing loss or damage to any goods or property of the Unit or of a customer lying within the Unit.
d) Demanding/taking/giving/offering of bribes or illegal gratifications.
e) Habitual absence without leave or absence without leave for more than ten days without sufficient cause thereof.
f) Habitual late attendance.
g) Habitual breach of any of the standing orders or instructions issued there under from time to time or frequent repetition of any misconduct or act of omission.
h) Riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline.
i) Habitual Negligence, or neglect of one's work or duty.
j) Frequent repetition of any act or omission for which a fine may be imposed to a maximum of 02 percent of the wages in a month.
k) Going on or joining or acting in concert or inciting others for going on any strike, which is illegal or participating in any such strike.
l) Sexual harassment which includes such un-welcome s*xual determined behaviour (whether directly or by implication) as-
a) Physical contact and advances; or
b) A demand or request for s*xual favours; or
c) Sexually coloured remarks; or
d) Showing p*rnography; or
m) Indulging in any tactics or strategy having the result of a stay in-strike, slow down or pen- down or tool-down strike or by doing such a thing so as to cause the stoppage of production of any sections or Department.
n) Letting out the secret of any manufacturing process of any working process or any other trade secret or information on matters relating to the activities of the Unit.
o) Committing other offenses regarding property e.g. sabotage, etc., within the meaning of the Indian Panel Code.
p) Deceptive/corrupt practices in connection with the Unit's work or business.
q) Refusal of work on any other job or another machine when ordered or refusal to proceed on an-out-door or outstation duty when so ordered, provided the workman is skilled for the job.
r) Delivering provocative speeches or raising slogans tending to incite other workers to violence or insubordination or Contempt towards the Management or its officers, anywhere in the Unit's premises, or holding gate meetings or demonstrations in front of the Unit's gate or gates or squatting within 100 mtrs. radius from the gate in such a way as to obstruct movement of men or materials to and from the Unit's factory/premises.
s) The collection or canvassing for collection of any money within the Unit's premises for any purpose which is not sanctioned in writing by the Management or distributing or exhibiting in or around the Unit's premises any leaflets, handbills, pamphlets, posters or any other papers or the like without the previous written permission of the Management.
t) Leaving the factory/Unit premises while at work, before the usual fixed time without permission.
u) Organizing, holding or attending meeting individually or severally against the interest of the company inside the premises of the Unit without the prior written permission of the Management.
v) Threatening, intimidating or interfering with the work or otherwise misbehaving with fellow workman in the Unit's premises or outside the premises but in connection with the work or affairs of the Unit or use of offensive/obscene language against fellow workers or the Management or any of its officers inside the Unit's premises
w) Surrounding or confining any officer or a fellow workman in order to make him yield to any demands inside the Unit's premises or else where.
x) Carrying on any trade-union activities within the Unit's premises.
y) Giving false declaration or information regarding name, age, father's name, qualifications or previous service etc. in personal Bio data and records before the employment and during the course of employment or at the time of joining the Unit's service/employment or at any time later. Also failure to notify the change in one's legal name and address at the subsequent date after joining the Unit's services.
z) Drunkenness or using of any intoxicants or possession / selling of such things during working hrs. or indulging into disorderly or indecent behaviour like fighting, quarreling, intimidating etc. in the premises of the establishment.
aa) Smoking and chewing the tobacco inside the Unit's premises, except in the places and at time where and when smoking is permissible.
bb) Gambling or engaging in lottery or in any trade money lending within the premises of the Unit. Selling or canvassing for any goods article or services within the factory premises.
cc) Sleeping / whiling away while on duty; or before commencement of duty or after the expiry of One's duty in any part of the Unit's premises.
dd) Mis-behaviour during an enquiry proceeding.
ee) Refusal / Non Cooperation to give evidence in an enquiry against any workman, charged with any misconduct, if concerned.
ff) Deliberately leaving the work in hand unattended or any electric instrument or appliance switched on to the electric connection, after finishing one's duty/work on the said appliance/instrument.
gg) Habitual indebtedness which leads to hindrance in the work and efficiency of a worker.
hh) Acts of immorality within the precincts of the Unit or its Staff/Workers quarters or bringing any unauthorized persons on such premises or committing any nuisance in the Unit's premises/Staff quarters/Workers colony.
ii) Incivility to the customers, visitors, or other persons having any dealings with the Unit either inside or outside the premises of the Unit.
jj) Entering or attempting to enter or leave the Unit's premises by force or otherwise except in accordance with the rules of the Unit in this behalf.
kk) Refusal / Non Cooperation on the part of worker to offer himself to be interrogation / Search by the Management officials.
ll) Refusal to receive any communication/letter/notice/order in writing from the Management or any superior officer.
mm) Refusal to sign any form or document or register kept or maintained for the purpose of maintaining daily records of production or details of any goods lost or damaged etc.
nn) Willful non-cooperation with fellow workmen for proper discharge of duty at any time.
oo) Refusal to carry out the orders for transfer, within the time given or extended, as the case may be.
pp) Mis-behaviour with the enquiry officer during the enquiry into the matter of misconduct.
qq) Tempering with the official record, attendance registers documents identity cards etc. Pertaining to himself or any other workman.
rr) Unauthorized absence form work, or not reporting for duty.
ss) Any subversive activities against the interest of the Company.
tt) Possession of lethal weapons except those tools required for the performance of the duty, while on works premises.
uu) Unauthorized removal of any fences or safety devices.
vv) Spitting on the Shop Floor or using places other than urinals or latrines for answering the calls of nature.
ww) Picketing or holding demonstration at the place of residence of the Director, General Manager, Works Manager, Factory Manager or any other Officer of the factory.
xx) Found involved with minor mis-conducts more then three times with in a period of two months.
yy) Any where with in the establishment or colony or outside, causing or threaten to cause any physical &/or mental pain or injury to other workman, either alone or in collusion with others.
1. PROCEDURE FOR DEALING WITH CASES OF MAJOR MISCONDUCTS :
i. The workman if found guilty of any major misconduct, the following punishment can be awarded by the Management after holding proper enquiry, taking into consideration the act(s) or misconduct(s) so proved:
Ø Dismissal or discharge from service.
Ø Suspension form duty in accordance with BIR Act.
Ø Stopping or withholding of increment and promotion / reversal from the existing post for a
Period up to two years.
ii. PROCEDURE :
If any report or complaint, verbal or written is received and it discloses on the face of it, that the accusations made against the workman constitute a major misconduct as defined in the standing orders and disciplinary action is warranted the workman shall be given a charge-sheet in writing and he will be given at least 48 hours to enable him to submit his written explanation.
The workman may at the discretion of the Management be granted an extension of time for submission of the explanation upon written request made by him
If the workman refuses to accept the charge-sheet in the presence of an officer/workman, it shall be pasted on the notice board and it shall be deemed to have been served on him. However, simultaneously a copy of the charge-sheet will be sent to him under registered cover.
Except when required by the Management, an employee who has been suspended shall not enter or remain in the Company’s premises during the period of suspension. The workman who has been served with a charge sheet if he denies or controverts the charges leveled against him, his explanation will be considered accordingly.
In case the Management is satisfied with the written explanation submitted by the workman, no further action shall be taken and the workman, shall be deemed to have been absolved of all the charges. Otherwise the workman will be issued an enquiry notice containing the name of the enquiry officer, date, time and place where enquiry shall be held.
The enquiry will be conducted by any person holding responsible position of supervision and control in the Factory or by any other person so named and appointed by the Management / Manager to act as an enquiry officer. The enquiry officer will hold enquiry proceedings and the workman will be given full and fair opportunity to defend himself or to present his case. Such a workman may be assisted by another co-workman of his choice belonging to the establishment but not by an outsider or by a suspended workman or those who are not on Company’s regular roll.
In case the workman fails to participate or present himself in the enquiry proceedings, the enquiry officer will be within his right to proceed ex prate in the absence of the workman. Any such enquiry may relate to alleged acts of misconduct of several workmen together. A joint enquiry of several workmen relating to similar/identical charges may be held at the discretion of the Management.
If during the enquiry, it is found that the workman is guilty of misconduct(s) or charge(s) other than those stated in the charge-sheet or order of suspension, a fresh charge sheet would be served on him and a fresh enquiry shall be conducted in accordance with the procedure referred to herein under these Standing Orders.
The management would also be within its right to hold domestic enquiry against a workman being proceeded against in the Court of Law under for any offense and pass orders on merits irrespective of the court decision.
The enquiry officer after recording the entire evidence of the Management and the workman, will submit his findings to the Management. the Management after considering and examining all the records of the inquiry vis-a-vis the charges alleged will pass an order either of punishment, or of withdrawing the charges as the case may be. The order of punishment shall be communicated in writing to the workman concerned. While deciding the quantum of the punishment, the past record /conduct of the workman may also be taken into consideration by the appointing/punishing authority. Where permission or approval of the action taken is required to be obtained from any prescribed authority under the Bombay Industrial Relations Act 1946 the workman concerned shall be kept under suspension from the date of such order without payment of any wages or allowance until such time orders are passed by the aforesaid authority.
2. MINOR MISCONDUCT :
The following acts will be treated a minor misconduct for which an employee may be warned, reprimanded, or censured :-
i. Absence without leave or without sufficient cause.
ii. Late attendance for more than Thirty minutes for more than three times during a calendar month.
iii. Receiving visitors while on duty except in an emergency without proper permission.
iv. Failure to notify the management change of address.
v. Doing any personal work during duty hours.
vi. Not keeping machines / equipments so operated or entrusted clean and tidy.
3. PROCEDURE FOR DEALING WITH CASES OF MINOR MISCONDUCTS :
The explanation of the workmen for the alleged minor misconduct(s) will be called for and if found satisfactory, the matter will be closed otherwise the punishment referred to in clause 23 may be imposed.
4. SUSPENSION :
a) A workman against whom any action is proposed to be taken may be suspended pending enquiry. The order of suspension will take effect immediately on its communication to the workman.
b) During the period of suspension the workman shall be paid subsistence allowance @ 50% of the Basic wages which he was entitled to immediately proceeding the date of such suspension, for the first ninety days of suspension and @ 75% of Basic wages of the workman for the remaining period beyond 90 days of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.
c) During the period of suspension, the Management has the right to ask the concerned workman for marking his attendance every day at the appointed time and place so stipulated in the written orders issued to him and if the workman fails to do so, he shall lose his suspension allowance for these days and the workman shall be further liable for disciplinary action for disobedience of the orders in this behalf.
d) If on the conclusion of the enquiry or of the criminal proceedings, the workman concerned is found guilty of the charges framed against him and it is considered that an order of dismissal or discharge or stoppage of annual increment (s) would meet the ends of justice, the Management shall pass an order accordingly. The workman shall not be entitled to any further payment for the period of suspension except the subsistence allowance already paid to him under these standing orders.
e) If a workman is found guilty under the above clause and it is considered that the period of suspension up to the conclusion of the enquiry is sufficient punishment, order shall be passed to reinstate the workman treating the period of suspension as punishment without any further payment for this period, excepting the suspension allowance admissible under these standing orders.
f) If on the conclusion of the enquiry proceedings the workman has been found to be not guilty of any 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 already paid to him for such period.
g) The payment of subsistence allowance under the Standing Orders shall be subject to the suspended workman concerned not taking up any employment/vocation anywhere else during the period of suspension and presenting himself on each working day at the gate at the time specified in the suspension order by the Manager. The suspended workman shall accept all the communications addressed to him by Management or the Company/Unit.
5. COMPLAINTS AND GRIEVANCE PROCEDURE :
Any workman having a cause for complaint about his work or working conditions will have a right to present his case in writing to the Manager for investigation and consideration within two days of the arising of the said cause. The procedure for its redress will be as follows:
Stage-I : A workman desiring to raise any question with which he is directly concerned shall in the first instance discuss it with his immediate supervisor or his sectional head.
Stage-II : Failing a satisfactory solution of his problem by the immediate supervisor or his sectional head as the case may be within 3 days the workman may request the HR Deptt. to consider his case.
Stage-III : Failing a satisfactory solution of his problem by the HR Deptt, the workman may request in writing the consideration of the case by the grievance committee which will be constituted as under :
¨ Two members to be nominated by the Management.
¨ Two members to be nominated by the workman concerned.
The Manager or any other officer of the Unit notified in this behalf will be the Chairman of the Committee but he will not vote in case of division.
The grievance Committee will be constituted by the Management and it will be permanent body but one member from each side will retire by rotation every year. The first retirement will be by drawing lot by the Chairman in the presence of the members. In case of any grievance arising out of charge-sheet, suspension order, discharge or dismissal of a workman, the above mentioned procedure shall not apply.
Stage-IV : Failing satisfactory solution by the Grievance Committee, within ten days, the workman may seek such other redress as is open to him under the law. However, he may approach the President/Chief Executive/General Manager for redressal of his grievance but in that case, he will have to wait for at least 15 days for his decision.
