Cso of BCCL With Ammndments
Cso of BCCL With Ammndments
For
Workmen of Establishments
under BCCL
*Amended vide Appellate Authority Order No. IE:5(13)83 LS-1 dated 12.10.1990.
6.4 ‘Workman’ means a workman as defined in the Industrial Employment (Standing Orders)
Act, 1946
6.5 ‘Manager’ means the manager of the mine and includes an acting manager for the time being
appointed in accordance with the provisions of the mines Act, 1952.
6.6 ‘Management’ means the Chairman and/or Managing Director of the
Company or any other Officer duly authorized to act in his place or to whom any of his
power is delegate.
7.5 ‘A badli or substitute’ is one who is employed is the post of a permanent workman or a
probationer who is temporarily absent from duties, but he would cease to be a badli on
completion of a continuous period of service of one year (190 days attendances in the case
of a underground workman and 240 days attendances in the case of any other workmen) in
the same posts or other post or posts in the same category.
7.6 ‘A casual workman’ means a workman who has been employed for work, which is
intermittent or sporadic, or of casual nature.
7.7 ‘Apprentice’ is a learner who is paid an allowance during the period of his training which
shall, inter-alia, be specified in his terms of contract and has no right to claim permanent
employment in the Company on completion of his training or apprenticeship. Apprentices
engaged under the Apprenticeship Act shall be governed however, by the provision of that
Act.
8.0 Medical Examination:
Subject to the provisions of the Mines Act, and the Rules/Regulations framed thereunder,
all the workmen/employees would subject to medical examination periodically by a Medical
Officer of the Company free of charge, for detection and treatment of occupational diseases
and leprosy, tuberculosis etc. The employees requiring treatment will be treated free of
charge.
9.0 Identity Cards:
9.1 Every workman/employee will be issued Identity Card bearing relevant particulars
concerning himself pertaining to his employment.
9.2 Every workman/employee who has been issued an Identity Card shall produce it on demand
to any Officer/employee so authorized by the Competent Authority.
9.3 A workman/employee who loses his identity card shall report the loss
immediately to his immediate superior.
9.4 The initial issue of the Identity card together with the photograph, shall be free of charge. If
the identity card is lost by the employee, he shall be liable to pay to the Company a sum of
Rs.3/- for the issue of a duplicate identity card. The identity card, however, becomes
indecipherable due to wear and tear, the management will replace it without any charge.
10.0 Entry, Exit & Search:
10.1 All workmen/employees working in the underground shall enter, travel and leave the
mine/work place only through the authorized places/routes or roadways. Every
workman/employee may also be subject to search before entering or leaving the mine/work
place by an employee of the Company authorized for this purpose by the Competent
Authority.
10.2 Female workmen/employees may be searched by a female employee authorized by the
Competent Authority of the Company, for the purpose.
11.0 Attendance & Punctuality:
11.1 All workmen/employees shall be at work at the mine/establishment at the time fixed and
notified to them.
11.2 Attendance shall be marked daily according to the method prescribed from time to time for
each section or department etc. by the Competent Authority.
(b) in any other case, he has put in attendances for not less than two-third of total number of
days during the remainder of the calendar year.
16.2.5 If the employment of a workmen employed in a mine is terminated by the owner, Agent or
Manager of the mine before he has taken the entire leave to which he is entitled up to the
day of termination of his employment or if such workman having applied for and having not
been granted such leave, quits his employment before he has taken the leave, the owner,
Agent or Manager of the mine shall pay him the wages in respect of the leave not taken and
such payment shall be made, where the employment of the workman is terminated by the
owner, Agent or Manager, before the expiry of the second working day
after such termination, and where a workman himself quits his employment, on or before
the next pay day.
16.2.6 In calculating leave, fraction of leave of half-a-day or more shall be treated as one full day
and fraction or less than half a day shall be omitted.
16.2.7 If a workman does not in any one calendar year take the whole of the leave for which he is
entitled any leave not taken by him shall be added to the leave to be allowed to him in the
succeeding calendar year provided that the total number of leave that may be carried forward
to a succeeding year shall not exceed 70 days and provided further that a workman, who has
applied for leave but has not been given such leave, shall be entitled to carry forward the
unavailed leave without any limit.
16.2.8 Any workman may apply in writing to the Competent Authority not less than 15 days before
the day on which he wishes his leave to begin, for all leave or any portion thereof and it shall
not be refused unless the Controlling Officer is of the opinion that owing to the exigencies
of the situation; the leave should be refused, provided that number of times in which leave
may be taken in any one calendar year, shall not exceed three times.
16.3 Sick Leave:
Sick leave shall be granted to a workman to the extent of 15 days full pay in a calendar year
with the benefit of accumulation with pay up to 45 days.
16.4 Casual Leave:
16.4.1 Provisions regarding grant of Casual Leave shall be regulated as indicated below:
16.4.2 Seven days’ Casual leave per annum i.e. per Calendar year will be allowed to employees
with effect from 01.01.1979 who do not have benefit of casual leave at present.
16.4.3 In addition, the employee referred to in Clause above will be allowed four days casual leave
per calendar year subject to the condition that this would be off-set against the additional
annual leave that may become due under the Mines Act.
16.4.4 The casual leave is intended to meet special circumstances, which cannot be foreseen.
Ordinarily, the previous permission of the Officer specified by the Management in each
unit/department shall be obtained before such leave is taken. But when this is not possible,
the said Officer as far as possible/practicable should be informed in writing of the absence
and of the probable duration of such absence.
16.4.5 Employees who are already entitled to Casual leave under the existing conditions of service
will continue to enjoy the same.
two week’s notices thereof shall be given by pasting of notice at or near the mine/department
and the workmen discharged earlier by the management shall, if they present themselves for
work, will have preference for re-employment.
20.5 Subject to compliance of the provisions laid down in the Industrial Disputes Act, the
management may in the event of a strike affecting either wholly or partly and section of the
mine, close down either wholly or partly such section of the mine/establishment and any
other sections affected by such closures. The fact of such closure shall be notified by the
notices put up on notice board at the mine/establishment. Prior to resumption of work, the
workmen concerned will be notified by a general notification as and when this work will be
resumed. A copy of such notice shall be sent to the registered/recognized Trade Union or
Unions functioning in the establishment.
21.0 Secrecy:
No workmen shall take any papers, books, drawings photographs, instruments, apparatus,
documents or any other property of an industrial establishment out of the work premises
except with written permission of his immediate superior, nor shall be in any way pass or
cause to be passed or disclose or cause to be disclosed any information or matter concerning
the manufacturing process, trade secrets and confidential documents of the establishment to
any unauthorized person, company or corporation without the written permission of the
employer.
22.0 In the matter of filling up permanent vacancies. Badli and temporary workmen and
probationer would be given preference in the order of their seniority.
23.0 Transfer:
23.1 Employees may be transferred due to the exigencies of work from one station to another,
from one coal mine to another or from one unit/department/section to another within the
Company provided that the pay, grade and other conditions of service including continuity
of service of the employer are not adversely affected by such transfer and provided further
that, if an employee is transferred from one job to another, the job should be of similar nature
and such as he is capable of doing and provided further that
(i) except in case of emergency minimum notice of two weeks is given of such transfer and
(ii) reasonable joining time is allowed in case of transfer from one station to another.
23.2 The workman concerned shall be paid the actual charge for transporting his personal effects
(by rail and/or by bus or truck) as well as one fare of the appropriate class in terms of the
National Coal Wage Agreement in relation to leave travel concession for himself and for
each of his dependent parents, wife & children if they do not avail of the conveyance of the
management. The workman shall also be paid one extra fare towards the incidental charges
even if he has used the Management’s transport.
24.1 Termination of Service:
For terminating the services of permanent workmen, notice of one month in writing with
reasons or wages in lieu thereof shall be given by the employer. Provided that no such notice
shall be required to be given when the services of the workmen are terminated on account
of misconduct established in accordance with the standing order.
24.2 Subject to the provisions of the Industrial Disputes Act, 1847, no notice of termination of
employment shall be necessary in the case of probationers, temporary Badli and casual
workman. Provided that a temporary workman who has completed three months’ continuous
service, shall be given two weeks’ notice of the intention to terminate his employment if
such termination is not in accordance with the terms of the contract of his employment.
24.3 No workman shall leave the services of the Company unless he has given a notice in writing
as indicated below:
i) Monthly paid workman: One months’ notice.
ii) Weekly paid workman: Two-week notice.
Provided that the employer may relax the above conditions and allow the workman to pay
cash in lieu of such notice.
24.4 Notwithstanding the above and subject to the provisions of the Industrial Disputes Act,
1947, no notice shall be necessary if the termination of service of the workman is in
pursuance of an agreement, which provides a specific date for such termination.
24.0 Medical Aid in case of accidents:
Where a workman meets with an accident in the course of or arising out of his employment,
the employer shall at his expenses, make satisfactory arrangements for immediate and
necessary medical aid to the injured workman and shall arrange for his further treatment if
considered necessary by the Doctor attending on him. Whenever the workman is entitled for
treatment and benefits under the Employee’s State Insurance |Act, 1925, the employer shall
arrange for the treatment and compensation accordingly.
25.1 Where a workman meets with accident in the course of and arising out of his employment,
he shall immediately report the accident to his Controlling Officer who will make
satisfactory arrangements for his immediate necessary medical aid free of cost.
25.2 It shall be the duty of injured workman to avail of the medical treatment
arranged by the Management and any willful default or failure to do so, without any
reasonable cause, will make him disentitled to get benefits such as Workmen’s
Compensation or injury leave with pay from the Company.
26.0 Act of Misconduct:
26.1 Without prejudice, to the general meaning of the term, ‘misconduct’, it shall be deemed to
include the following:
26.1.1 Habitual late attendance or willful or habitual absence from duty without sufficient cause.
Amendment made by Sri Rajan Verma, RLC(C), Dhanbad and Certifying Officer vide
No.16/(02)/2006/B-4/E-1 dt.8th/21st October 2010.
26.1.1 Habitual absence from duty without information for more than 10 days, Habitual late
attendance or wilful habitual absence from duty without sufficient cause.
26.1.2 Habitual Negligence of neglect or duty, malingering slowing down of work or inciting other
to do so.
26.1.3 Leaving Headquarters/place of work, if residing in the Company’s quarters, by the clerical
and other essential categories, of staff without informing the Controlling Officer.
Amendment made by Sri Rajan Verma, RLC(C), Dhanbad and Certifying Officer vide
No.16/(02)/2006/B-4/E-1 dt.8th/21st October 2010.
27.1.0 Where a workman is charged with a misconduct which may lead to imposition of a minor
penalty, he shall be informed in writing of the allegations made against him and shall be
given an opportunity to explain his conduct within 07 days; in case of imposition of minor
penalty. His explanation if any, shall be considered before imposing a penalty by the
Disciplinary authority provided, however that where a workman denies the charges alleged
against him no punishment shall be imposed upon unless a domestic enquiry has been
conducted. At the enquiry, the employee concerned shall be afforded reasonable opportunity
of explaining and defending his conduct with the assistance of the fellow workmen or Office
bearer of the Trade Union of which he is a member if so requested by him. Where such
enquiry relates to the alleged misconduct of several workmen, the enquiry may be held for
all the workmen together.
27.2 MAJOR PENALTY: Where a workman is charged with a misconduct, which may lead to
the imposition of a major penalty, he shall be informed in writing of the allegations against
him and shall be given an opportunity to explain his conduct within a period of 7 days. On
receipt of a workman’s explanation if it is decided to proceed further an enquiry shall be
held. Such enquiry will be conducted by an officer other than the Officer who has either
reported the alleged misconduct or issued the charge-sheet. AT the enquiry, the employee
concerned shall be afforded reasonable opportunity of explaining and defending his
conduct with the assistance of the fellow workmen or Office bearer of the Trade Union of
which he is a member if so requested by him. Where such enquiry relates to the alleged
misconduct of several workman, the enquiry may be held for all the workmen together.
Amendment made by Sri Rajan Verma, RLC(C), Dhanbad and Certifying Officer vide
No.16/(02)/2006/B-4/E-1 dt.8th/21st October 2010.
27.2.0 Where a workman is charged with a misconduct which may lead to the imposition of a major
penalty, he should be informed in writing of the allegations against him and shall be given
an opportunity to explain his conduct within a period of 15 days. His explanation, if any,
shall be considered before imposing a penalty by the Disciplinary authority, provided,
however, that where a workman denied the charged alleged against him no punishment shall
be imposed upon unless a domestic enquiry has been conducted. At the enquiry, the
employee concerned shall be afforded reasonable opportunity of explaining and defending
his conduct with the assistance of the fellow workmen or Office bearer of the Trade Union
of which he is a member if so requested by him. Where such enquiry relates to the alleged
misconduct of several workmen, the enquiry may be held for all the workmen together.
27.2.1 Where a disciplinary proceeding against a workman is contemplated or is pending or where
criminal proceedings against him in respect of any offence are under investigation or trial
and the employer is satisfied that it is necessary or desirable to place workmen under
suspension, he may, by an order in writing, suspend him with effect from such date as may
be specified in the order. A statement setting out in detail the reason for such suspension
shall be supplied to the workmen within a week from the date of suspension.
@BCCLOFFICIAL @BCCLOFFICIAL BCCL.OFFICIAL 14
A Miniratna Company
27.2.2 During the period of his suspension, the workman shall not enter the work premises except
with the permission of the management, nor shall he leave station without the permission of
the management.
27.2.3 If during the enquiry it is found that the workman is guilty of a misconduct other than that
stated in the order of suspension and/or the charge sheet, the workman shall be liable to
punishment for such misconduct but before any punishment is imposed on him, he shall be
afforded opportunity of explaining and defending his action in respect of such other
misconduct.
27.2.4 The payment of subsistence allowance will be subject to a written declaration by the
workman that he is not engaged in any other employment, business, profession or vocation.
Amendment made by Sri Rajan Verma, RLC(C), Dhanbad and Certifying Officer vide
No.16/(02)/2006/B-4/E-1 dt.8th/21st October 2010.
27.2.4 Where any workman is suspended by the employer calling investigation & enquiry into
complaints or acts of misconduct against him the employer shall pay to such workman
subsistence allowance:
1 (a) At the rate of fifty percent of the wages which the workman was entitled to
immediately preceding the date of such suspension for the first ninety days of
suspension and
(b) At the rate of seventy-five percent of such wages for the remaining period 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) The payment of subsistence allowance will be subject to a written declaration by the
workman that he is not engaged in any other employment, business, profession or
vocation.
2. If any dispute arises regarding the subsistence allowance payable to a workman under
sub-section (1) the workman or employer concerned may refer the dispute to the
Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947) within
the local limits of whose jurisdiction the Industrial establishment wherein such
workman is employed is situated and the Labour Court to which the dispute is so
referred shall after giving the parties an opportunity of being heard, decide the dispute
and such decision shall be final binding on the parties.
27.2.5 If after enquiry/or conclusion of the criminal proceedings a workman is held guilty of the
charges alleged against him or some other charges brought in the course of the enquiry or is
convicted in the criminal proceedings and is consequently discharged or dismissed, he shall
not be entitled to any remuneration for such period other than the subsistence allowance
already paid to him. If a penalty other than dismissal, discharge or removal is imposed on
him or he is exonerated or charges against him are dropped or he is not convicted in the
criminal proceedings, he shall be paid the difference of subsistence allowance already paid
to him and, the wages which he would have got if he had not been suspended except in case
where he is suspended, not exceeding ten days, as a measures of punishment.
27.2.6 No order of discharge or dismissal from service shall be made by an authority lower than
the appointing authority of the workman.
@BCCLOFFICIAL @BCCLOFFICIAL BCCL.OFFICIAL 15
A Miniratna Company
27.2.7 In awarding the punishment, gravity of the misconduct the previous record of the workman
and any other extenuating or aggravating circumstance, that my exist shall be taken into
account. A copy of the order passed by the Disciplinary Authority shall be supplied to the
workman concerned.
27.2.8 If a workman refuses to accept a charge sheet order or any other communication served on
him in accordance with these standing orders, a copy thereof shall be sent to him by
Registered A/D post to his local as well as permanent address as recorded with the Company
and another copy pasted on the Notice Board which shall constitute adequate service of such
document.
28.0 Special Procedure in certain Cases:
Where a workman has been convicted for a criminal offence in a Court of Law or where the
Chairman/Managing Director of the Company is satisfied, for reasons to be recorded in
writing, that it is inexpedient or against the interest of security to continue to employ the
workman, the workman may be removed or discharged from services without following the
procedure laid down in standing order No.27.
29.0 Penalties for Misconduct:
29.1 The following penalties may, for good and sufficient reasons and as hereinafter provided,
be imposed on a workman for misconduct, viz.
i) Minor penalties:
a) Censure
b) Fine in accordance with the PW Act, 1936.
c) Suspension without wages as substantive punishment for not more than ten days at a time.
ii) Major Penalties:
a) Stoppage of increment
b) Reduction to a lower grade or post or a stage in a time scale.
c) Dismissal or discharge from service.
30.0 Appeal:
30.1 The authorities competent to impose various penalties mentioned in standing order No.29
as well as the appellate authorities shall be as specified in Annexure-'A'.
Amendment made by Sri Rajan Verma, RLC(C), Dhanbad and Certifying Officer vide
No.16/(02)/2006/B-4/E-1 dt.8th/21st October 2010.
30.1.0 The authorities competent to impose various penalties mentioned in Standing Order Clause
No.29 as well as the appellate authorities shall be as specified in Annexure -A. In the said
Annexure the proposed provision is as under:
Unit Disciplinary Authority Appellate Authority
GM(Operation / Addl.GM General Manager / Chief
Office or the G.M./CGM
/ Dy.GM. General Manager.
Project / Workshop (direct under Project Officer /
Concerned Director.
control of Hdqrs. Workshop In-charge.
K.N.H. Medical Officer I/C ED(MS)/CMS (Hdqrs.)
Central Hospital CMS/CMO I/C Director(P)
iii) in the absence of either of the aforesaid two categories of certificates, the employer or the
officer authorized by him in this behalf may require the workman to supply a certificate
from a Govt. Medical Officer not below the rank of Astt. Surgeon, indicating the probable
age of the workman provided the cost of obtaining such certificate is borne by the
employer:
iv)whether it is not practicable to obtain a certificate from a Govt. Medical Officer, an
affidavit sworn, either by the workman or his parents or by a near relative who is in a
position to know about the workman’s actual or approximate date of birth before a First
Class Magistrate or Oath Commissioner, as evidence in support of the date of birth given
by him.
v) The date of birth of a workman, once entered in the service card of the establishment shall
be the sole evidence of his age in relation to all matters pertaining to his service including
fixation of the date of his retirement from the service of the establishment. All formalities
regarding recording of date of birth shall be finalized within three months of the
appointment of a workman.
vi)Cases where date of birth of any workman had already been decided as per the JBCCI
provisions on the date of these rules come into force shall not be reopened under these
provisions.
NOTE: Where exact date of birth is not available and the year of birth is only established
then the 1st JULY of the said year shall be taken as the date of birth.
38.0 Exclusive Service:
A workman shall not at any timework against the interest of the Industrial establishment in
which he is employed and shall not take any employment in addition to his job in the
establishment, which may adversely affect the interest of his employer.
39.0 Display of Standing Orders:
39.1 A copy of these standing orders, in English as well as in Hindi, shall be pasted on the Notice
Board in all mines/establishments and in such other places in the Company premises as the
Management may desire and shall be kept in legible condition.
39.2 A copy of the certified Standing Order shall be supplied free of cost on written request by
the workmen in the language i.e. English or Hindi as specified in the written request.
Subsequent copy will be charged at Rupee 1/- per copy.
-x-x-x-x-x-x-x
Annexure-A
30.1.0 The authorities competent to impose various penalties mentioned in Standing Order Clause
No.29 as well as the appellate authorities shall be as specified in Annexure- ‘A’. In the said
Annexure the proposed provision is as under: