Chapter: 3.1.2 Schedule 1 in the Industrial Employment Act

The following acts and commission on the part of the workman shall amount to misconduct.
(a) wilful insubordination or disobedience whether or not in combination with another or any lawful and reasonable order of the superior.
(b) going on an illegal strike or abetting, inciting, instigating or acting in furtherance thereof.
(c) wilful slowing down in performance of work or abetment or instigation thereof.
(d) theft, fraud or dishonesty in connection with the employers business o property of the theft or property of another workman within premises of the establishment.
(e) taking or giving bribes or any illegal gratification.
(f) habitual absence without leave of absence for the period of more than 10 days or overstaying the sanctioned leave without the permission of the employer, and also for not proper and sufficient grounds.
(g) late attendance on not less than 4 occasions within a month.
(h) habitual breach of any standing order or any law applicable to the establishment or the rules made thereunder.
(i) engaging in trade within the premises of the establishment
(j) collection without the permission of the manager of any money within the premises of ' the establishment except as sanctioned by any law in force.
(k) drunkenness, riotous disorderly or indecent behavior on the peruses of the establishment.
(l) habitual neglect of work, or gross or habitful negligence
(m) habitual breach of any rules of instruction for the maintenance and running of any department or the maintenance of the cleanliness of any portion of the establishment.
(n) habitual commission of any act dr omission for which a fine may be imposed.
(o) canvassing for union membership or the membership or the collection of union dues within the premises of the establishment except in accordance with any law or with the permission of the manager.
(p) wilfull damage to work in process or to any property of the establishment.
(q) holding meeting inside the premises of the establishment without the previous permission of the manager or except in accordance with the provision of any law for the time being in force.
(r) disclosing to any unauthorized person any information in regard to the processes of the establishment which may come into the possession of the workman in the course of his work.
(s) gambling within the premises of the establishment.
(t) smoking or spitting on the premises of the establishment where prohibited by the employer.
(u) failure to observe safety instructions notified by the employer or interference with the safety device or equipment installed in the establishment.
(v) distributing or exhibiting within the premises of the establishment hand bills pamphlets posters and other thing cause in to be displayed by means of signs or writing or other visible representation on any matter without previous sanction.
(w) refusal to accept a chargesheet order or other communication served in accordance with these standing orders.
(x) unauthorized possession of any lethal weapon in the establishment.
No act which is committed on less than three occasions within a space of one year shall be treated as habitual.
Under standing order No. 25 a workman guilty of misconduct may be warned of censured or fined subject to any in accordance with the provisions of the payment of wages Act 1936 suspended by an order in writing signed by the manager for a period not exceeding 4 days, dismissed without notice.
No order shall be made unless the workman is given an opportunity of explanation of circumstances.
No order of dismissal shall be passed unless an enquiry is held into the charges levelled against the workman.
A workman against whom the enquiry is proposed to be held shall be given a chargesheet clearly setting the circumstances appearing against him and requiring his explanation. He shall be permitted to appear in person or through a workman working in the same department or through a office bearer of the trade union of which he is a member. Except for the reasons recorded in writing the workman shall produce witness in his defence and cross examine any witness on whose evidence the charges rests. A concise summary of the evidence led on either side and the workman's pleas shall be recorded.
All proceedings of the enquiry shall be conducted in English, Hindi or Marathi according to the choice of the workman.
The enquiry shall be completed within a period of 3 months and for reasons recorded in writing may be extended to such further period as may be deemed necessary by the enquiry officer.
The workman against whom the action or the enquiry is being conducted may be suspended pending enquiry. The workman who is suspended shall be paid subsequent allowance at the following rates.
For the first ninety days of the period of suspension the subsistence allowance shall be paid at 50% of the total wages i.e. half of the wages drawn per month (basic wages + dearness allowance + other compensatory allowance.
If the enquiry gets prolonged the workman continues to be under suspension for a period exceeding ninety days the subsistence allowance is 75% of the total wages.
Further if the enquiry exceeds beyond a period of 180 days then the suspended employee gets 100% wages.
However if the findings of the enquiry officer show that the workman has been directly liable for the delay then the subsequent allowance may be reduced to half of the rate.
The payment of subsequent allowance shall be subject to the workman taking up employment during the period of suspension.
The punishment shall be awarded taking into account the gravity of the misconduct and the previous record.
In case the employee refuses to take the chargesheet the same may be served upon the employee as per the chargesheet in the presence of two witnesses and if the employee further remains absent in the enquiry then the enquiry may proceed expertise.
A workman may be warned, censured or fined for any of the following acts and omissions
(a) absence without leave without sufficient cause.
(b) negligence in performing duties.
(c) late attendance.
(d) neglect of work.
(e) absence without leave or without sufficient cause from the appointed place of work.
(f) entering or leaving or attempting to leave the premises of the establishment except by a gate or entrance appointed.
(g) committing nuisance on the premises of the establishment.
(h) breach of any rule of instruction for maintenance or running of any; department.
The normal age for retirement shall be 60 years unless it has been expressly agreed upon by the parties by a settlement or agreement that the age of retirement shall be different and this shall be binding on the parties.
Every employee who leaves service retires or is dismissed, discharged shall without avoidable delay be given a service certificate if he asks for one. 

• Case Paw
A controversy regarding the interpretation of the standing orders, model standing orders can be decided by the Labour Court.
Ramkumar Singh v. Tannary and Footwear Corporation 1 1979 (34) FLR 1