RBE No. 60/2008: Industrial Employment (Standing Orders) Central Rules

No.E(LL)2008/AT/IEM/1, Dt.25.04.2008

Sub: Amendments to the Industrial Employment (Standing Orders) Central Rules, 1946

A copy of the Notification No.GSR No.655(E), dated 10.10.2007 and Corrigendum Notification No.GSR 708(E), dated 13.11.2007 issued by Ministry of Labour and Employment carrying out amendments to the Industrial Employment (Standing Orders) Central Rules, 1946 is enclosed herewith for information and necessary action.

Ministry of Labour and Employment

No.S-13025/13/2003­IR(PL), dated 17.01.2008

Sub: Publication of Notification in Part II, Section 3, sub-section (i) of The Gazette of India, Extra Ordinary dated 10.10.2007 to amend the Industrial Employment (Standing Orders) Central Rules, 1946.

The undersigned is directed to forward herewith a copy of the Notification GSR No.655(E), dated 10.10.2007 and corrigendum Notification No.GSR 708(E), dated 13.11.2007 (Both in English and Hindi versions) containing the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2007.

NOTIFICATION

GSR No.655(E), dated 10^th October, 2007

GSR 655(E): Whereas, certain draft rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946 were published as required by Sub­-section (1) of Section 15 of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946) in the Gazette of India, in Part II, Section 3, Sub-Section (i), dated the 30^th September, 2004, at Pages 1-5 vide the notification of the Ministry of Labour and Employment No.GSR 651(E) for inviting objections and suggestions from all persons likely to be affected thereby on or before the expiry of a period of forty-five days from the date of publication of the said notification in the Official Gazette;

And, whereas, copies of the said Gazette was made available to the public on the 30^th September, 2004.

And, whereas, the objections and suggestions received from the public on the said draft have been duly considered;

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 15 read with clauses (a) and (b) of sub-section (2) of the said Section of the Industrial Employment (Standing Order) Act, 1946 (20 of 1946), the Central Government hereby makes the following rules further to amend the Industrial Employment (Standing Orders) Central Rules, 1946, namely:-

1.     (1)            These rules may be called the Industrial Employment (Standing Orders) Central (Amendment) Rules, 2007.

(2)   They shall come into force on the date of their publication in the Official Gazette.

2.     In the Schedule to the Industrial Employment (Standing Orders) Act, 1946, in item 1, for the words “badlis or fixed term employment”, the word “badlis” shall be substituted.

3.     In the Industrial Employment (Standing Orders) Central Rules, 1946:-

(a)   in rule 5, item (4A) shall be omitted;

(b) in Schedule 1:-

(i)   in paragraph 2, in sub-paragraph (a), item (3A) shall be omitted;

(ii)  in paragraph 2, sub-paragraph (h) shall be omitted;

(iii) in paragraph 13, for sub-paragraph (2), the following sub-paragraph shall be substituted, namely:-

“(2) No temporary workman, whether monthly-rated, weekly rated or piece rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof, in his services are terminated;

Provided that no temporary workman shall be terminated by way of punishment unless he has been given an opportunity of explaining the charges of misconduct, alleged against him in the manner prescribed in paragraph 14.”

(c)    in Schedule IA:-

(i)   in paragraph 3, in sub-paragraph (a), item (iii A) shall be omitted;

(ii)  in paragraph 3, sub-paragraph (h) shall be omitted;

(iii) in paragraph 13, for sub-paragraph (b), the following sub-paragraph shall be substituted, namely:–

“(b) Subject to the provisions of the Industrial Disputes Act, 1947, (14 of 1947), no notice of termination of employment shall be necessary in the case of temporary and badli workmen;

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;

Provided further that when the services of a temporary workman, who has not completed three month’s continuous service, are terminated before the completion of the term of employment given to him, he shall be informed of the reasons for termination in writing and when the services of a badli workman are terminated before the return to work of the permanent incumbent or the expiry of his (badli’s) term of employment, he shall be informed of the reasons for such termination in writing”.

CORRIGENDUM

GSR No.708(E), dated 13^th November, 2007

GSR 708(E): In partial modification of this Ministry’s Notification No.GSR 655(E) published in the Gazette of India, Extraordinary on 10^th October, 2007, the following corrigendum is being issued:-

(i)    In clause 3(b)(2) at page 3 “may be” read after the word “piece rated” in line three.

(ii)    Similarly in clause 3(b)(2) at page 3 in the fifth line the words “in” may be read as “if’ after the word “thereof’.

(iii)   Lastly at the end of the Notification in “Note” at Sl. No.(ii) the year may be read as “1956” instead of “956″.

Download Railway Board Circular RBE No. 60/2008

Forward reference ⇒ RBE No.