CERTIFIED STANDING ORDERS
7. PUBLICATION
OF WORKING TIME
10. NOTICE
OF CHANGE IN SHIFT WORKING
11. ATTENDANCE
AND LATE COMING
12. ABSENCE
WITHOUT PERMISSION
14. ENTRANCE
AND EXIT THROUGH PROPER GATE
16. PAYMENT
OF UNCLAIMED WAGES
19. PROCEDURE
FOR DEALING WITH MISCONDUCTS
20. RETIREMENT
AND SUPERANNUATION
22. CERTIFICATE
ON LEAVING SERVICE
CERTIFICATION OF STANDING
ORDERS
CERTIFIED STANDING ORDERS
These Standing Orders shall be
called the Standing Orders of Kerala Agro Machinery Corporation Ltd., Athani, a
Company incorporated under the Companies Act, 1956, with its registered office
at Ahani in Ernakulam Dist. of Kerala State.
All existing and future workmen of
KAMCOLtd., Athani shall be deemed to have accepted the Standing Orders and be
bound by them.
In these orders unless
there is anything repugnant to the subject or context.
3.a. ‘The Company’ means Kerala Agro Machinery Corporation Ltd.,
Athani.
3.b. ‘Workman’ means any person employed by the
Company to do any skilled, semi-skilled, unskilled, manual, clerical or
supervisory work and who is a workman as defined in Section 2(s) of the
Industrial Disputes Act, 1947.
3.c. ‘Management’ means the management of Kerala
Agro Machinery orporation Ltd., Ahani and includes, MD, GM, Dy. GM(s),
Secretary, M(s), Dy.M(s), AM(s), AE(s), Supdts. And any other officer who is
authorised to act on behalf of the Company.
3.d. “Factory’ means the factory of Kerala Agro
Machinery Corporation Ltd., Athani, comprising of all buildings, machinery,
stores, godowns and other auxilliaries in the company belonging to and owned by
the company and any addition or extensions that may be made from time to time.
3.e. ‘Uniform’ means all parts/item of the full
uniform prescribed for or supplied to each category of workmen by the company
which they are required to wear I full
while on duty.
3.f. ‘Notice Board’ means the Board or Boards
placed at a conspicuous place for the purpose of exhibiting notices relating to
an of interest to workmen. Such boards
will be clearly marked as ‘Notice Board’.
3.g. ‘Habitual’ means involving repetition of an
act or omission for more than three times within a period of one month.
3.h. ‘Muster Roll’ includes register or registers
containing the nominal roll etc. of workmen as maintained the Company.
3.i Masculine shall include feminine and
singular the plural and vice-versa.
Workmen shall be classified as:
i) Permanent
ii) Probationers
iii) Temporary
iv) Trainees
v) Apprentices
4.a. A permanent workman’ is a workman who has been engaged on a
permanent basis and includes any person who has satisfactorily completed a
probationary period of one year in
the same or another occupation in the industrial establishment and who has been
confirmed by an order issued by the appointing authority.
4.b. A ‘Probationer’ is a workman who is provisionally employed to
fill up a permanent vacancy in a post and has not completed the probationary
service of a preliminary period of one year subject to extension for a further
period of six months, if necessary.
4.c. A ‘temporary workman’ is a workman who has been engaged for work
which is of an essentially temporary nature likely to be finished within a
limited period not exceeding 179 days.
4.d. A ‘trainee workman’ is a workman engaged for work to fill up a
vacancy in any post either permanent or temporary in nature and who has not
completed the period of training as per the Rules of the Company.
4.e. An ‘apprentice’ is a learner engaged to learn work under the
Apprentices Act, 1961 or the Apprentices (Amendment) Act, 1973 who is paid a
stipend as per Rules and who has no claim for being absorbed into the service
of the Company.
All workmen will be employed on monthly wages and will be
paid on a monthly basis.
Every workman shall be given an attendance card containing
his name, employee number etc. Similarly every permanent and probationary
workman shall be provided with an identity card containing his stamp size photograph,
name, employee number, date of joining service etc .
The periods and hours of working time for all classes of
workmen in each shift shall be exhibited in English/Malayalam on Notice Boards
maintained at the main entrance of the factory.
Decision regarding holidays will be taken by the
management in consultation with the recognised trade unions as per the
provisions of the National & Festival Holidays Act and Rules. Notice specifying the days observed by the
company as holidays shall be published on the said Notice Board.
More than one shift may be worked in a department or
departments or any section of a department or the establishment at the
discretion of the employer. If more
than one shift is worked, the workman shall be liable to be transferred from
one shift to another. No shift working
shall be discontinued without two months notice being given in writing to the workmen prior to such
discontinuance provided that no such notice shall be necessary if the closing
of the shift is with an agreement with the workmen affected.
Any notice of discontinuance or re-starting of a shift
working shall be in the prescribed form as provided under the Kerala Industrial
Employment (Standing Orders) Rules, 1958.
The notice shall be displayed conspicuously by the employer on the
Notice Board at the main entrance of the Company. Provided that where any registered trade union of workmen exists,
a copy of the notice shall also be served on the Secretary of such union.
All workmen shall be at work at the establishment at the
times fixed and notified by the employer.
Workmen attending late upto a period of half an hour shall be admitted
for work and such workmen are liable to the deductions provided for in the
Payment of Wages Act, 1936. Workmen
reporting for work after half an hour will also be admitted to work if
permitted by the departmental head.
12.a. Any workmen who after presenting for work at the appointed place
of work leaves his section/department during any period of the working hours
without permission or without any sufficient reason, shall be liable to be
treated as absent for such period. This
is without prejudice to the right of the management to initiate appropriate
disciplinary action against him under the provisions of the standing orders.
12.b. If, however, the workman leaves the premises of the company during
working hours without permission, he shall be liable to be treated as absent
for the whole day in case his absence commences before the recess period and
for half a day in case his absence commences after the recess period.
12.c. If the workman leaves from the premises of the company with the
permission of his superiors, his wages for the actual period of absence only
shall be liable to be deducted. The
deduction from wages to be made for the period of absence under this order
shall be made in accordance with the provisions of the Payment of Wages Act,
1936.
The following kinds of leave will be granted to the
workmen.
13.1 Earned Leave (Leave with wages as provided under Chapter VIII of
The Factories Act (1948)
13.2
Casual
Leave
13.3
Sick
Leave (for those who are not covered under the ESI Scheme)
13.4
Special
Leave – leave without wages
13.5
Maternity
Leave will be granted as per the provisions of the Maternity Benefit Act to
whom not covered under the E.S.I. Act.
13.6
The
administration of leave will be done as provided under the long-term
settlements between the management and the workmen in force from time to time.
The workman shall not enter or leave the premises of the
Company except by the gate or gates appointed, for the purpose.
All male workers shall be liable, on leaving the premises
of the Company to be searched by the security staff and all female workers
shall be liable to be detained by the security staff for search by female
searchers, if, acting without malaise, the security staff suspect the worker is
in wrongful possession of property belonging to the company. In case body search is required, the same
shall be conducted in the presence or two other persons of the same sex.
Any wages due to a workman, but not paid on the usual pay
day on account of various reasons which are being unclaimed, shall be paid by
the employer on such unclaimed wage pay day in each month as may be notified to
the workmen.
The employer may at any time in the event of fire,
catastrophe, break-down of machinery or stoppage of power supply, epidemic,
civil commotion or other causes beyond his control stop any section or sections
of the establishment wholly or partially, for any period or periods without any
notice. In such cases workmen will be
laid off from work and due compensation will be paid to them, if eligible, as
per the provisions of the Industrial Disputes Act, 1947. However, there will not be any deduction
from wages for the first day in the
circumstances where the workmen have to be laid off for more than a day.
The following acts and omissions on the part of workmen
shall amount to misconduct:
18.1
Willful
insubordination or disobedience, whether alone or in combination with others,
of any lawful and reasonable orders of a superior.
18.2
Theft,
fraud, dishonesty or misappropriation in connection with the business or
property of the company.
18.3
Willful
damage to or loss of goods or property of the firm.
18.4
Taking
or giving bribe or any illegal gratification
18.5
Habitual
absence without applying for leave or continuous absence without taking leave
for more than ten days.
18.6
Habitual
late attendance
18.7
Habitual
breach of any law or rules or orders etc.
18.8
Drunkenness,
riotous or disorderly behaviour during working hours within the premises of the
establishment or any act subversive of discipline.
18.9
Negligence
or neglect of work
18.10
Repetition
of any act or omission for which fine may be imposed under the Payment of Wages
Act, 1936.
18.11
Striking
work or inciting others to strike work in contravention of any provisions of
law or rule having the force of law.
18.12
Collection
or canvassing for the collection of money within the premises of the company
for purposes not sanctioned by the management.
18.13
Over-staying
of sanctioned leave without proper authority or satisfactory explanation.
18.14
Engaging
in trade, money-lending or any other business within the premises of the
company.
18.15
Smoking
within the factory premises where it is prohibited.
18.16
Distribution
or exhibition of any notice, hand bills, posters, pamphlets or any other type
of literature which are defamatory to the establishment within the premises of
the company without the sanction of the management.
18.17
Holding
or attempting to hold meetings within the premises of the company without the
sanction of the management.
18.18
Gambling
within the premises of the company
18.19
Sleeping
while on duty
18.20
Intimidating,
assaulting, threatening or abusing any person including workmen and officers
within the premises of the company.
18.21
Malingering
18.22
Insolvency
18.23
Failure
to report to the management the occurrence of any contagious or notifiable
disease to himself/herself
18.24
Loitering
or absence without leave from the place of appointed work without obtaining
permission from the superiors.
18.25
Refusal
to be searched by the Security Personnel.
18.26
Interference
with the safety devices installed at the company premises or contravention of
any safety rules.
18.27
Furnishing
false information in respect of details about himself/herself, family members,
age, qualifications, previous service etc.
18.28
Entering
or attempting to enter, leaving or attempting to leave the company premises
except through gages or routes specified for the purpose.
18.29
Manufacturing
or attempting to manufacture unauthorised articles within the company premises
or divulging any secrets or confidential matters of the company to others
interested in them.
18.30
Conviction
by a Court of Law for a criminal offence.
18.31
Habitual
breach of any rules or instructions for the maintenance and running of any
department or maintenance of cleanliness of any portion of the premises of the
company.
18.32
Engaging
directly or indirectly in any private trade or business or accepting any
employment without the previous sanction of the Managing Director.
19.1
No
order of punishment shall be made unless the workman concerned is informed in writing of the alleged misconduct and
is given a reasonable opportunity to explain the circumstances alleged against
him.
19.2
If
the explanation submitted by the concerned workman is found satisfactory by the
management, further proceedings against him shall be dropped. If the explanation is found unsatisfactory,
he may be charge-sheeted by the management as per the provisions of these
standing orders and an impartial domestic enquiry shall be instituted.
19.3
A
workman may be suspended from service without wages and allowances pending
domestic enquiry into the charges levelled against him. An order of suspension pending enquiry shall
be in writing and shall take effect immediately on its delivery to the workman
such orders shall set out in detail the alleged misconduct and the workman
shall be given a reasonable opportunity to explain the circumstances leading to
the charges alleged against him. If on
enquiry the misconduct is proved, the workman shall be deemed to have been
absent from duty for the period of suspension and shall not be entitled to any
wages other than subsistence allowance as per the provisions of the Kerala
Payment of Subsistence Allowance Rules, 1974, for such period. If not, the workman shall be deemed to have
been on duty during the period of suspension and shall be entitled to the same
wages and allowances as he would have received if he had not been suspended.
19.4
In
awarding punishment under these standing orders, the management shall take into
account the gravity of the misconduct, the previous records if any of the
workman and any other extenuating or aggravating circumstances that may exist.
A copy of the order passed by the management shall be served on the workman
concerned. If on the conclusion of the
enquiry the workman has been found guilty of the charges levelled against him
an order of punishment shall be issued after giving him a reasonable
opportunity of making representation on the punishment proposed.
Every workman shall retire from service on attaining the
age of 60. He will be relieved from
service on the last working day of the month in which he completes his sixtieth
year of age. In the event of the day of
completion of the age of 60 years falls on the first day of a month, he shall
be relieved on the last working day of that month only.
Workmen who wish to leave the service of the company shall
give 30 days notice to the management provided that when such notice is given
the management is entitled to accept it with immediate effect or from any time
before the expiry of the notice.
A workman leaving the service of the company shall be
entitled to receive a certificate of service from the company.
CERTIFIED
DEPUTY LABOUR COMMISSIONER
COMMISSIONER FOR WORKERS COMPENSATION
ERNAKULAM.
STANDING ORDERS
PROCEEDINGS OF THE
CERTIFYING OFFICER UNDER THE
INDUSTRIAL
EMPLOYMKENT (STANDING ORDERS) ACT, 1946
DEPUTY LABOUR
COMMISSIONER, ERN AKULAM
Present: K.V. Mohandas
Sub: Industrial Employment (Standing Orders) Act,
1946, and the Kerala Industrial Employment (Standing Orders) Rules, 1958 –
Kerala Agro Machinery Corporation Ltd., Athani-683585 – Certification of
Standing Orders – Orders issued.
Ref: 1. Application dated
22.06.1995 by the Sr. Manager, Administration.
2.
Notice
in Form.II dated 1st November 1995 to the Trade Unions.
ORDER NO. S.O.C. 5/95 IN O.D.
2357/95 DATED 30th NOVEMBER 1998
1. An application under Section 3(1) of the
Act and Rule 4 have been submitted by the Senior Manager Administration, Kerala
Agro Machinery Corporation Ltd., Athani, with five copies of the draft Standing
Orders proposed by him for adoption in his establishment. The particulars required under Section 3(3)
of the Act and Rule 5 were also furnished along with the application. Subsequently, copies of the draft Standing
Orders were served on the representatives of the trade unions with direction to
offer objections and suggestions, if any, within fifteen days from the date of
receipt of the same.
2. The trade union representatives, after
going through the draft standing orders and discussions with their colleagues,
had filed their objections to the draft Standing Orders. In the light of the objections raised, hearings
were posted for finalisation of the standing orders with reference to the
objections raised. The provisions under
draft Standing Orders were discussed with the trade union representatives and
management and the objections raised were settled amicably between them in the
hearings. The draft was thoroughly
perused to ensure the fairness and reasonableness of the provisions and was
suitably modified to make it consistent with the provisions of the statute. I am satisfied that no further addition or
modification is required to render the draft standing orders certifiable under
the Act.
3. Therefore,
in exercise of the powers conferred on me under section 5(3) of the Act and Rule 10, the Standing
Orders for adoption in the Kerala Agro Machinery Corporation Ltd., Athani, is
hereby certified and my signature and seal is affixed. The copies of the certified Standing Orders
duly authenticated are forwarded herewith to those concerned.
4. The
Standing Orders shall, unless an appeal is preferred under Section 6 of the
Act, come to operation on the expiry of thirty days from the date of receipt of
the same as provided under Section 7 of the Act.
5. The text of
the Standing Orders as finally certified under this Act shall be prominently
posted by the employer in English and in the language understood by the
majority of the workmen on special board to be maintained for this purpose as
provided in Section 9 of the Act.
Certifying Officer,
Commissioner for Workmen’s Compensation,
Deputy Labour Commissioner, Ernakulam.