Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 — section 15

15. Punishments..—(1) A workman may be reprimanded or fined in the manner prescribed under the Payment of Wages Act, 1936 (IV of 1936), up to three paisa in the rupee of the wages payable to him in a month, for any of the following acts or omissions, namely: 1 Substituted by the Labour Laws (Amendment) Ordinance, 1972 (Ordinance No. IX of 1972), s. 2 read with First Schedule. 2 Added by the Labour Laws (Amendment) Ordinance, 1972 (Ordinance No. IX of 1972), s. 2 read with First Schedule. 3 Substituted by the Labour Laws (Amendment) Act, 1972 (Act No. V of 1972), s. 2 read with Schedule. 4 Substituted by Act No. XLVIII of 1974, s. 3. 5 Added by the Act No. XLVIII of 1974, s. 3. 6 Inserted by Act No. XXIII of 1973, s. 6.

(i)in cases where the Payment of Wages Act, 1936 (IV of 1936), is applicable, the list of acts and omissions for which fine may be levied shall be same as approved by the Chief Inspector of Factories or any other officer concerned;

(ii)in other cases, the following shall be the list of acts and omissions:

(a)disregard or disobedience of rules or orders;

(b)improper behaviour, such as drunkenness;

(c)making false or misleading statements;

(d)inefficient, dialatory, careless or wasteful working;

(e)malingering.

(2)A workman found guilty of misconduct shall be liable to any of the following punishments:

(i)fine in the manner prescribed under the Payment of Wages Act, 1936 (IV of 1936), upto three paisa in the rupee of the wages payable to him in a month;

(ii)withholding of increment or promotion for a specified period not exceeding one year;

(iii)reduction to a lower post; or

(iv)dismissal without payment of any compensation in lieu of notice.

(3)The following acts and omissions shall be treated as misconduct:

(a)wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior;

(b)theft, fraud, or dishonesty in connection with the employer’s business or property;

(c)wilful damage to or loss of employer’s goods or property;

(d)taking or giving bribes or any illegal gratification;

(e)habitual absence without leave or absence without leave for more than ten days;

(f)habitual late attendance;

(g)habitual breach of any law applicable to the establishment;

(h)riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline;

(i)habitual negligence or neglect of work;

(j)frequent repetition of any act or omission referred to in clause (1);

(k)striking work or inciting others to strike in contravention of the provisions of any law, or rule having the force of law;

(l)go-slow.

(4)No order of dismissal shall be made unless the workman concerned is informed in writing of the alleged misconduct 1[within one month of the date of such misconduct or of the date on which the alleged misconduct comes to the notice of the employer] and is given an opportunity to explain the circumstances alleged against him. The approval of the employer shall be required in every case of dismissal and 2[the employer shall] institute independent inquiries before dealing with charges against a workman 3[:] 4 [Provided that the workman proceeded against may, if he so desires for his assistance in the enquiry, nominate any workman employed in that establishment and the employer shall allow the workman so nominated to be present in the enquiry to assist the workman proceeded against and shall not deduct his wages if the enquiry is held during his duty hours.]

(5)Where, for the purposes of conducting an inquiry into the alleged misconduct of a workman, the employer considers it necessary, he may suspend the workman concerned for a period not exceeding four days at a time 5[so, however, that the total period of such suspension shall not exceed four weeks except where the matter is pending before an Arbitrator, a Labour Court, Tribunal or Conciliator for the grant of permission under section 47 of the Industrial Relations Ordinance, 1969 (XXIII of 1969),]. The order of suspension shall be in writing and may take effect immediately on delivery to the workman. During the period of suspension, the workman concerned shall be paid by the employer 6[* * * * *] to the same wages as he would have received if he had not been suspended.