Punishment

by • 15/01/2013 • GeneralComments (0)366

Q-5:     Describe Punishment understanding order 15.

Ans:     PUNISHMENT [S.O.I5]

This Standing Order describes the acts for which an employer can award punishment to a workman and also provides the limits of employer, which he will have to confine himself while awarding punishment. The punishments -which can be awarded may be reprimanding or a fine to the extent of three paisa in a rupee of the wage payable for a month. The acts and omission for which the employer can punish the workmen are (a) disregard or disobedience of rules (b) improper behavior such as drunkenness, (c) making false or misleading statements (d) inefficient, dilatory, careless or wasteful working (e) malingering. Besides the above, the punishment which can be awarded for misconduct (i) fine (ii) withholding of increment or promotion for a period which can not exceed one year, (in) demotion to a lower post (iv) dismissal without payment of compensation in lieu of notice. After providing the payment it proceeds to declare what acts or omissions will amount to misconduct; the list for it is a long one which should be read from the Ordinance itself.

For awarding the punishment of dismissal the procedure which has been laid and. made compulsory is that a written notice of the alleged misconduct against the workmen should be given first and after that the must be given opportunity to explain the charges leveled against the workmen. If the result is not in favour of worker and become the cause of the dismissal of the workman, approval of the employer for such dismissal must always be taken. The employer to give his approval must make an independent inquiry before dealing with the charges against the workman. In conducting this inquiry ^he employer is given the power of suspending the workman for four days at a time for which he is to be paid fifty percent of his wages. If the inquiry is not completed in the first four days then the workman can be suspended for another four days but this suspension must take place after an interval of a few days. If this procedure is not adopted it will be regarded a contravention of the Ordinance and if the case goes to a court of law it will be open for that court to punish the employer as well as to give an order of reinstatement payment of wages and compensation for the wrongful dismissal of the workman.

Standing Order 15 provides punishment for certain acts and omissions, which have been declared to be actionable. Four kinds of punishment-fine, reprimand, suspension and dismissal have been prescribed according to the degree or severity of the act or omission.

The incorrigible workmen are treated differently from those who commit a misdemeanor through inadvertence or for some unavoidable reasons and not with bad intention or by habit.

The actionable acts and omissions, under Standing Order 15, can be divided into two groups,

viz.,

(a)        Acts and omissions not amounting to misconduct    (b) Misconduct

 

(a)        Act. and omission Mot Amounting To Misconduct [S.0,15(1)]

The acts and omissions which do not amount to misconduct are specified in sub-para (1) and may be called misdemeanors. Such acts are-minor dedications, which can be condoned by reprimanding the workman or fine to the extent of three paisa in a rupee of the wage payable for a month.

 

Procedure

For imposing fine the following procedure is to be followed:

(a)        Workman should be informed in writing about alleged conduct.

(b)        Workman should be given an opportunity to explain circumstances alleged against him.

(b)       Act anti Omissions Of MSstm1 Nature

For which fine may be imposed are:

(a)        In case of establishment covered by the Payment of Wages Act, the list of acts and omissions is the same as approved by the chief.inspector of factories.

(b)        Not covered by Payment of Wages Act, the following is the list of acts and omissions:

(i)         Disregard or disobedience of rules or orders

(ii)        Improper behaviour e.g., drunkenness

(iii)       Making false and misleading statement

(iv)       Inefficient, dilatory, careless or wasteful working

(v)        Malingering

(vi)       Approval of employer must be obtained before taking final action

 

(c)        Misconduct [S. O. 1 Si2)]

The acts and omissions which amount to misconduct and may entail even dismissal of the workman as enumerated under sub-para (2). The punishments which can be awarded for misconduct are:

(i)         Fine upto three paisa in the rupee of wages payable in a month,

(ii)        Withholding of increment or promotion for a period not exceeding one yean

(iii)       Demotion to a lower post.

(iv)       Dismissal without payment of compensation in lieu of notice.

 

MISCONDUCT (S.O.15]

Acts of Misconduct

The following acts and omissions shall be treated as misconduct:

(a)        Willful insubordination or disobedience

(b)        Theft, fraud or dishonesty

(c)        Willful damage to goods or property

(d)        Taking or giving bribes, or illegal gratifications

(e)        Habitual absence

(f)         Habitual late attendance

(g)        Habitual breach of law

(h)        Disorderly behaviour

(i)         Habitual negligence

(j)         Inciting other for strike

 

EVICTION FROM RESIDENTIAL ACCOMODATION [S.O.16]

This order is regarding the eviction from the house accommodation of a workman provided by the employer. This can take place in the case so retrenchment, removal or dismissal from service It laws sown that in such cases the workman should vacate the accommodation within a period of two months from the date of retrenchment, removal or dismissal. In case of his reinstatement the employer will have to provide him with a similar accommodation from the date of his reinstatement or will have to pay him per menses an allowance in lieu .of it at the rate of three times the wages of the last full, working day. if the workman fails to vacate the accommodation the employer may lodge a complaint with a first class magistrate, who, after hearing the parties may summarily decide the case passing an order of eviction granting a reasonable time to the employee to vacate the house. With the order of eviction he will also order a poll ce officer to {.lit? hoizse vacated lifter the passing of the allowed time.

 

Standing Order No. 19 (Certificate of Termination Service)

Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge, retrenchment or retirement from service.

 

Standing Order No.20 (Liability of Employer)

The employer of the industrial and commercial establishment small personally be held liable for the proper and faithful observance of the Standing Orders whether cannot the workman of such establishment is employed through contractors.

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