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Cso of BCCL With Ammndments

The document outlines the Certified Standing Orders for workmen employed by Bharat Coking Coal Limited, detailing the application, scope, and definitions relevant to employment. It includes rules regarding attendance, classification of workmen, payment of wages, medical examinations, and leave entitlements. The orders are intended to ensure compliance with the Industrial Employment (Standing Orders) Act, 1946 and provide a framework for the management and employees within the organization.

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0% found this document useful (0 votes)
81 views19 pages

Cso of BCCL With Ammndments

The document outlines the Certified Standing Orders for workmen employed by Bharat Coking Coal Limited, detailing the application, scope, and definitions relevant to employment. It includes rules regarding attendance, classification of workmen, payment of wages, medical examinations, and leave entitlements. The orders are intended to ensure compliance with the Industrial Employment (Standing Orders) Act, 1946 and provide a framework for the management and employees within the organization.

Uploaded by

mk5464058
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

A Miniratna Company

For

Workmen of Establishments

under BCCL

BHARAT COKING COAL LIMITED


(A Subsidiary of Coal India Limited)
KOYLA BHAWAN, KOYLA NAGAR
DHANBAD-826005.

@BCCLOFFICIAL @BCCLOFFICIAL BCCL.OFFICIAL 1


A Miniratna Company

CERTIFIED STANDING ORDERS FOR WORKMEN OF ESTABLISHMENTS UNDER


BHARAT COKING COAL LIMITED, DHANBAD.

1. *Application & Scope


These Standing Orders will come into force from a date to be determined in accordance with
the provisions of the Industrial Employment (Standing Orders) Act, 1946 and shall apply to
all workmen employed in all units of M/s. Bharat Coking Coal Limited situated in different
places in the Country which come within the definition of ‘Industrial Establishment’ as
defined in the Industrial Employment (Standing Orders) Act, 1946 and include all the
workmen governed by National Coal Wage Agreement.
2. Rules, Regulations & Notice:
The Company may formulate such rules & regulations and post such notices as it may from
time to time consider necessary for the running of its Industrial Establishments in
conformation with these Standing Orders. These rules, regulations or notices may apply to
the whole or to any Section or Sections of the Industrial Establishments and every workman
shall obey the rules & regulations applying to his section.
3. Method of Posting:
Notices required to be displayed under these Standing Orders shall be posted in English and
in the language understood by the majority of workman on the Notice Board maintained for
such purpose.
4. Amendments:
These orders may be amended or modified from time to time in accordance with the
provisions of the Industrial Employment (Standing Orders) Act, 1946.
5. Interpretation of Standing Orders:
If there is any conflict between the Standing Orders in English and those in any other
language or languages, the English version shall prevail and be followed.
6. Definitions:
6.1 ‘Attendance’ means the presence of the workmen concerned at the place or places where by
the terms of his employment, he is required to report for work and to get his attendance
marked.
6.2 ‘Company’ means Bharat Coking Coal Limited.
6.3 ‘Employee’ means any person employed by the Company.

*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.

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A Miniratna Company
6.7 ‘Notice’ means a notice in writing required to be given or pasted on the Notice Board for
the purpose of these Standing Orders.
6.8 ‘Notice Board’ means the notice board specially maintained in a conspicuous place at or
near each of the main entrance to the works and the time offices for the purpose of displaying
notice required to be pasted or affixed under the provisions of these Standing Orders.
6.9 ‘Wages’ means ‘Wages’ as defined in the Payment of Wages Act, 1936.
6.10 ‘Establishment’ means Coal Mines or any other place under the control of the Company
where any activity connected with coal industry is being carried out by the Company
including Washeries, Workshops, Ropeways, Coke Plants, Water Treatment Plants,
Laboratories, Power House, Stores, Printing Press, Drilling Camps and all other units,
offices and projects of the Company.
6.11 Masculine includes the feminine and
6.12 Singular includes the plural where relevant and vice versa.
6.13 *Employer:
The expression ‘employer’ shall have the meaning assigned to it in Section 2(d) of the
Industrial Employment (Standing Orders) Act, 1946.
7.0 Classification of Workmen:
7.1 For the purpose of these Standing Orders, workmen/employees shall be classified as
follows:
(a) Permanent
(b) Probationer
(c) Temporary
(d) Badli or substitute
(e) Casual
(f) Apprentices
7.2 ‘A permanent workman’ is one who is employed on a job of permanent nature for a period
of at least 6 months or who has satisfactorily put in 6 months’ continuous service in a
permanent post as a probationer.
*Added vide Appellate Authority Order No. IE:5(13) 83 –LS. 1 dated 12.Oct. 1990.
7.3 ‘A probationer’ means a person who is provisionally employed to fill a vacancy in a
permanent post for a period not exceeding 6 months and who has not completed his
probationary period provided that the period or probation may be extended by the
Management beyond the original period by not more than 3 months, for reasons to be
recorded in writing. If a permanent workman is employed as a probationer in a new post, he
may at any time during the probationary period not exceeding 6 months, be reverted to his
old permanent post unless the probationary period is extended by another 3 months for
reasons to be recorded in writing.
7.4 ‘Temporary workmen’ means employees who are employed for work which is essentially
of a temporary nature or who are employed in connection with a temporary incense in
permanent work for a period not exceeding 6 months provided that in case the temporary
employee is placed on probation, the period of his temporary service shall count towards the
probationary period.

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A Miniratna Company

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.

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A Miniratna Company
11.3 Workmen/employees who are required to use time cards shall punch the cards in the time
clock at the time of reporting for duty and on leaving duty.
11.4 Workmen/employees who are required to use time cards shall punch the cards in the time
clock at the time of reporting for duty and on leaving duty.
11.5 Absence from place of work: Any workman/employee who after going
underground or after coming to his work in the department/section in which he is employed,
is found absent from his proper place of work during working hours without permission
from the appropriate authority or without any sufficient reason shall be liable to be treated
as absent for the period of his absence.
12.0 Shift Working:
12.1 More than one shift may be worked in a department or departments or any section of a
department of the establishment at the discretion of the employer. If more than one shift is
worked, a workman shall be liable to be transferred from one shift to another. No extra shift
working would be started or discontinued without giving notice under Section – 9A of the
I.D. Act provided that no such notice shall be necessary if the extra shift working or
discontinuance of a shift is under an agreement with the workmen affected or their
union/unions. If, as a result of discontinuance of the shift working, any workman is to be
retrenched, such retrenchment shall be effected in accordance with the provision of the
Industrial Disputes Act, 1947 (14 of 1947) and the Rules framed there under. If shift working
is re-started, the workmen shall be giving notice and re-employed in accordance with the
provisions of the said Act and the said rules.
13.0 Payment of Wages:
13.1 Wages to all employees shall be paid in accordance with the provisions of the Payment of
Wages Act, 1936, as amended from time to time.
13.2 Wages shall be paid direct to the individual workman/employee on any working day
between the hours of 6 AM & 6 PM at the office of the mine. The Manager or any other
person authorized by him shall witness and attest the payments and note the date of payments
in the wage register. Wages may also be paid to employees through a bank on a specific
authorization in writing by him.
13.3 Any wages due to a workman/employee but not paid on the usual pay day on account of
their being unclaimed, shall be paid by the employer on such unclaimed wage pay day as
may be notified to the workmen/employees. If the workman/employee so desires, the unpaid
wages and other dues payable to him shall be remitted to his address by money order after
deducting there from the money order commission. All claims for the unpaid wages shall be
presented to the employer within a period of twelve months from the date of which the wages
become due.
13.4 Overtime:
Subject to the provisions of the Law applicable to the mines/establishments, the
management may require any employee to work overtime and payment of overtime wages
shall be made normally along with wages for the relevant period.
13.5 Overtime work shall not be ordinarily refused by any workman without
reasonable cause and wages therefore paid in accordance with Mines Act. 1952 as amended
from time to time.
@BCCLOFFICIAL @BCCLOFFICIAL BCCL.OFFICIAL 5
A Miniratna Company

14.0 Display of Notices:


14.1 The notices regarding period and hours of work for all classes of
workmen/employees in each shift shall be exhibited in English and/or in the language
understood by the majority of workmen/employees employed in the establishment or the
regional language on Notice Boards maintained at or near the main entrance of the
establishment and at the Time Keeper’s Office, if any.
14.2 Notice(s) specifying (i) the days observed as holidays and (ii) Pay days shall be pasted on
the said Notice Board.
14.3 Notices as required under the Mines Act/Payment of wages Act and the Rules framed
thereunder specifying the rates of wages payable to all classes of workmen and for all classes
of work shall be displayed on the said Notice Boards.
15.0 Paid Festival Holidays:
There shall be 7 paid festival holidays. Out of these 7 days, the Republic Day, Independence
day and Mahatma Gandhi’s Birthday shall be allowed without option and the rest of the days
shall be fixed by Agreement or local custom. Wherever a workman is to work on any of
these 7 Holidays, he shall at his option, be entitled to either thrice the wages for the day or
twice the wages for the day on which he works and in addition to avail himself of a
substituted holiday with wages on another day during the same calendar year.
16.0 Leave:
16.1 Subject to the provision of the Mines Act. And the Rules framed thereunder, every person
employed in a mine/establishment who has completed a calendar year of service/therein
shall be allowed during the subsequent year, leave with wages calculated-
(a) in the case of a person employed below ground at the rate of 1 day for every 16 days of
work performed by him and,
(b) in other cases at the rate of 1 day for every 20 days of work performed by him.
16.2 Explanation:
16.2.1 For the purpose of this clause any days of lay-off by Agreement or contract, or as permissible
under standing Orders, the maternity leave to female workmen not exceeding 12 weeks and
the leave earned in the year prior to that in which the leave is enjoyed, shall be deemed to
be days on which the workman has worked for the purpose of computation of the period of
240 days/190 days or more as the case may be, but he shall not earn leave for these days.
16.2.2 Weekly holidays and Public holidays shall not be deemed as days on which the workman
has worked.
16.2.3 Leave admissible under this clause shall be exclusive of all weekly days of rest or holidays
for festivals or other similar occasions whether occurring during or at either end of the period
of leave.
16.2.4 A workman whose service commences otherwise than on the first day of January shall be
entitled to leave with wages in the subsequent calendar year at the rates specified in clause
16.1 above, if –
(a) in the case of a workman employed below ground in a mine, he has put in attendances
for not less than one-half of the total number of days during the remainder of the calendar
year; and

@BCCLOFFICIAL @BCCLOFFICIAL BCCL.OFFICIAL 6


A Miniratna Company

(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.

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A Miniratna Company

16.4.6 Quarantine Leave:


Quarantine leave shall be granted to a workman, who is prevented from attending to his duty
because of his coming into contract, through no fault of his own, with a person suffering
from a contagious disease. The leave shall be granted for such period as is covered by a
certificate from the Medical Officer of the mine. Payment for the period of quarantine leave
shall be at the rate of 50 percent of the wages (basic plus dearness allowance) payable to
workman. Quarantine leave cannot be claimed, if a workman has refused to accept during
the previous three months prophylactic treatment for the disease in question.
17.0 Application for Earned Leave:
17.1 A workman who desires to obtain leave of absence shall apply in writing to his controlling
officer/sanctioning authority.
17.2 Excepting in emergency, applications for leave for 3 days or less should be made at least 24
hours before the time from which leave is required.
17.3 Application for leave for more than 3 days should be made at least 7 working days before
the date from which leave is required.
17.4 Where leave is applied for to meet an emergency, such as personal sickness or any other
cause, the application will be disposed of on the same day.
17.5 Application for leave or extension of leave on medical grounds shall be
supported by a certificate from a Medical Officer of the Company or where there is no such
officer a Government Medical officer or failing the same a Registered Medical Practitioner
stating the period for which leave is recommended. On receipt of such application the
Controlling officer shall immediately inform the workman in writing whether the leave or
extension of leave on medical grounds for a period exceeding 14 days at a time shall not be
allowed to resume duty unless he produces a certificate of fitness.
17.6 Leave already granted to the workman may be revoked or modified in the interest of the
work by the Sanctioning Authority.
17.7 All applications for leave must bear the leave address.
17.8 If an employee remains absent unauthorizedly or remains absent beyond the period of leave
originally granted or subsequently extended he will lose his lien on his appointment unless
he returns within 10 days from the date of such absence and explains to the satisfaction of
the Manager his inability to return on the expiry of his leave. In case the employee loses his
lien on the appointment, he shall be entitled to be kept on the ‘Badli’ list.
17.9 Authorities competent to sanction eave to the workmen shall be notified by the Management.
17.10 Wages for the leave period:
For the leave allowed to a workman under Clauses 16.1, 16.3 and 16.4 which provide for
sanction of earned leave, sick leave and casual leave, the workman shall be paid at a rate
equal to daily average of his total full time earning for the days on which he was employed
during the month immediately preceding his leave, exclusive of any overtime wages and
bonus, but inclusive of any dearness allowance for the time being he is entitled to, provided
that if no such average earnings are available, then the average shall be computed on the
basis of the daily average of the total full time earning of all persons similarly employed for
the same month.

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A Miniratna Company

18.0 Leave Travel Facilities:


18.1 Return Railway Fare: Subject to the regulations framed by the Management from time to
time and subject to the conditions the eligibility and class of entitlement shall be determined
in accordance with the National Coal Wage Agreement. When a workman proceeds on leave
and is qualified for free railway fare, the Management shall either buy his ticket or give him
an equivalent amount towards fare to purchase his ticket to his home by the shortest route.
18.2 If on the expiry of the leave, the workman returns to his job, he shall be paid by the Company
return fare at the earliest, but in any case at this 3 day of his return.
18.3 If the journey to home is by bus or partly by bus or partly by train the cost of the journey
shall be accordingly adjusted.
18.4 Leave Travel Concession – Once in 4 years:
The workmen will be allowed to avail return railway fare facility to their home town only
for 3 years in a block of 4 years as at present and LTC will be allowed to workmen and their
family members once in a block of 4 years in lieu of return railway fare benefit to enable
them to go anywhere in India on such terms and conditions as laid down under National
Coal Wage Agreement.
18.5 Every workman shall declare at the time of employment the place of his home, which will
be record in his service file to be maintained by the Company. The change in the place of
home by the workman will be allowed by the Management once only in the entire length of
his service after proper verification.
19.0 Hours of work
Subject to the provisions of the Law applicable to the Mine/Establishment, the hours of work
of the workmen shall be notified by the Management from time to time.
20.0 Stoppage of Work & Re-opening:
20.1 Subject to the provisions of the Industrial Disputes Act, the management may at any time,
in the event of underground trouble, fire catastrophe inundation, breakdown of machines,
stoppage of power supply, epidemics, civil commotion, natural calamity or any other cause
beyond its control stop any section or sections of the mine/establishment wholly or partly
for any period or periods.
20.2 In the event of any such stoppage during the working hours, the workmen affected shall be
notified by notice put up on the notice board in the Mine/Department concerned and at the
office as soon as practicable as to when work will be resumed and whether they are to remain
or leave their place of work.
20.3 The workmen will not ordinarily be required to remain at workplace or work spot for more
than two hours after the commencement of the stoppage.
20.4 Whenever workmen are laid off on account of failure of plant equipment or a temporary
curtailment of production or other causes, they shall be paid compensation in accordance
with the provisions of the Industrial Dispute Act, 1947. Where no such compensation is
admissible, they shall be granted leave with or without wage as the case may be at the option
of the workmen concerned, leave with wages are to be laid off for an indefinitely long
period, their services may be retrenched on payment of compensation and subject to
compliance of the provisions of the Industrial Dispute Act, 1947. If normal work is resumed,
@BCCLOFFICIAL @BCCLOFFICIAL BCCL.OFFICIAL 9
A Miniratna Company

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.

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A Miniratna Company

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.

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A Miniratna Company

26.1.4 Gambling, drunkenness, intoxication, riotous, or disorderly behaviour, threatening,


or coercing other workmen or interference with the work of other workmen.
26.1.5 Collection of, or canvassing for, moneys within the precincts of the Company without
permission of the management.
26.1.6 Acceptance of gifts from subordinates and engaging in money lending.
26.1.7 Canvassing for business of Insurance agency, commission agency, etc. amongst the
employees of the Company.
26.1.8 Deliberately spreading false information or rumours with a view to bringing about
disruption in the normal work of the Company.
26.1.9 Unauthorized use or occupation of the Company’s quarters.
26.1.10 Habitual indiscipline, or willful insubordination or disobedience of any lawful or
reasonable order of higher authority.
26.1.11 Theft, fraud or dishonesty in connection with Company’s business or property.
26.1.12 Giving false information regarding one’s particulars for the purpose of employment
or concealing any facts about previous employment, age or any other particulars
required by the Company.
26.1.13 Taking or giving, offering or asking for bribes or any illegal gratification whatsoever
or indulging in corrupt practices.
26.1.14 Assaulting or intimidating workman/employee of the Company in the Company’s
work premises or estates.
26.1.15 Causing wilful damage to work in progress or to the property of the employer.
26.1.16 Bringing or attempting to bring any political or other outside influence to bear upon
any superior authority in respect of matters pertaining to services under the Company.
26.1.17 Participating in radio-broadcast, or contributing any article or writing any letter to
any newspaper, periodical on a subject having a bearing on the affairs of the
Company without prior permission of the Management.
26.1.18 Going on illegal strike either singly or with other workers without giving 14 days’
notice.
26.1.19 Conviction by a Court of law for any criminal offence involving moral turpitude.
26.1.20 Any breach of the Mines Act. 1952 or any other Act. Or any Rules, Regulations or
byelaws thereunder or of any Standing Orders.
26.1.21 Contracting another marriage while wife is still alive, or marrying a person who has
a wife without first obtaining the permission of the management.
26.1.22 Engaging in any other employment whilst still in the service of the Company without
permission of the management.
26.1.23 Canvassing for union or party membership or the collection of union or party, dues
or contributions etc. in the Company’s work premises.
26.1.24 Distribution or exhibiting in the Company’s work premises or estates, handbills,
pamphlets, posters or causing them to be displayed by means of signs or writing or
other visible representation any matter prejudicial to the Company without prior
sanction of the management.

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A Miniratna Company
26.1.25 Organizing, holding, attending or taking part in any meeting within the Company’s
work permission of the management.
26.1.26 Organizing, holding, attending or taking part in any meeting within the Company’s
work premises or estates in contravention of the provisions of the Law or regulations
of the Company.
26.1.27 Conduct within the mine’s premises or its precincts which endanger, life or safety of
any person.
26.1.28 Refusal to accept any charge-sheet or order or notice communicate in writing.
26.1.29 Wilful falsification, defacement or destruction of personal records or any record of
the Company.
26.1.30 Allowing an unauthorized person to operate Company’s vehicles or machinery
without permission of the Competent Authority.
26.1.31 Wrongfully confining forcibly detaining any workmen/employee of the
Company.
26.1.32 Possession of unlicensed arm or lethal weapons within the Company’s work premises
or its estate without prior permission of the Management.
26.1.33 Sleeping while on duty.
Addition of Clause No.26.1.34 by Dr.R.S. Tiwari, RLC(C), Dhanbad and Certifying
Officer under I.E.(S.O.) Act, 1946, vide letter No.16(1)/99-B-4 dt.29.12.99.
26.1.34 Sexual Harassment of women at work place:
(1) No employee shall indulge in any act of sexual harassment of any woman at work
place.
(2) Every employee who is in-charge of a work place shall take appropriate steps to
prevent sexual harassment to any woman at such work place.
Explanation:
For the purpose of this rule, ‘Sexual harassment’ includes such unwelcome sexually
determined behaviour, whether directly or otherwise as
(a) physical contact and advances; or
(b) a demand or request for sexual favours; or
(c) sexually coloured remarks; or
(d) showing pornography; or
(e) any other un-welcome physical, verbal or non-verbal conduct of sexual nature.
27.0 Procedure for Dealing with the Cases of Misconduct:
27.1 MINOR PENALTY: 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 48 hours. His
explanation, if any, shall be considered before imposing a minor 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.

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A Miniratna Company

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.
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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.
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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)

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A Miniratna Company
30.2 A workman on whom any penalty is imposed for misconduct shall have the right of appeal
to the authority notified in this behalf. The appeal shall be submitted within 30 days of
receipt of the order of the punishing authority, and the appellate authority shall dispose of
the appeal within 30 days of its receipt by him and communicate the decision to the workman
concerned.
31.0 Superannuation:
The age of retirement of the workman shall be 60 years in the Company.
32.0 Service Certificate:
Every workman shall be entitled to a service certificate, specifying the nature of work
(designation) and the period of employment (indicating the days, months, years) at the time
of discharge, termination, retirement or resignation form service and the management shall
supply the same within 30 days of the receipt of application from the concerned ex-
workman.
33.0 Complaints:
All complaints arising out of employment including those relating to unfair treatment or
wrongful exaction one the part of the management or their agent shall be submitted by the
aggrieved workman to the manager or other person as specified in this behalf with the right
of appeal to the Chief Executive of the Company, namely, the Chairman/Managing Director.
34.0 Savings:
Nothing contained in these standing orders shall operate in derogation of any low or to the
prejudice of any right under any written contract of service, settlement or award for the time
being in force, nor shall any agreement between the management and the workman
prejudicially affect the rights of the workman accruing under these Standing Orders.
35.0 Confirmation:
The employer shall in accordance with the terms & conditions stipulated in the letter of
appointment, confirm the eligible workman and issue a letter of confirmation to him.
Whenever a workman is confirmed, an entry with regard to the confirmation shall also be
made in his service card within a period of thirty days from the date of such confirmation.
36.0 Service Record, Service Card:
Every industrial establishment shall maintain a service card in respect of each workman in
the form appended to Model Standing Orders where in particulars of that workman shall be
recorded with the knowledge of that workman and duly attested by an officer authorized in
this behalf together with date.
37.0 Record of Age:
Every workman shall indicate his exact date of birth to the employer of the Officer
authorized by him in this behalf, at the time of entering service of the establishment. The
employer or the Officer authorized by him in this behalf may, before the date of birth of a
workman is entered in his service card, require him to supply:
i) his matriculation on school leaving certificate granted by the Board of Secondary
Education or similar educational authority: or
ii) a certified copy of his date of birth as recorded in the registers of a municipality, local
authority or Panchayat or Registrar or Births:

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A Miniratna Company

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

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A Miniratna Company

Annexure-A

Unit Disciplinary Authority Appellate Authority


Colliery/ Agent/Manager Area General Manager
Project Project Officer -do-
Project -do- Concerned Director
Suptd. (Coke Plant) Area General Manager/General
Coke Plant
Manager Manager(CP)
Area General Manager/GM
Washery Manager/Supdt.(Washery)
Washery (Construction)
Hospital Central Medical Supdt./Dy.MS Area GM/CMO
Workshop Workshop In charge CE(Workshop)/CE(Excn.)
BH Ovens Manager (Coke Oven) Area General Manager
Power Plant Power Plant In-charge Area GM/CE(E&M)
DG Station DG Station In charge CE(E&M)
VTC G.T.O. Area General Manager
Training Centre Training Centre In charge GM(Training)
Ropeways Unit Unit In charge GM(Ropeways)
Zonal Automobile
Workshop In charge Area GM/GM(Transport)
workshop
Regional Stores In charge Regional Store Area GM/CMM
Headquarters
HOD Respective Director
Departments.
Central Township Township In charge Respective Director
Independent Dispensary Dispensary In charge C.M.O.
Central Excavation Store Store In charge CE(Excavation)

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 Project Officer /
Concerned Director.
under control of Hdqrs. Workshop Incharge.
K.N.H. Medical Officer I/C ED(MS)/CMS (Hdqrs.)
Central Hospital CMS/CMO I/C Director(P)

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