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  "title": "INDUSTRIAL AND COMMERCIAL EMPLOYMENT (STANDING ORDERS) ORDINANCE, 1968",
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  "text": "THE INDUSTRIAL AND COMMERCIAL EMPLOYMENT \r\n(STANDING ORDERS) ORDINANCE, 1968 \r\n(VI of 1968) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Enforcement of Standing Order. \r\n4. Modification of Standing Orders. \r\n5. Posting of Standing Order. \r\n6. Inspectors. \r\n7. Penalties and procedure. \r\n7A. [Omitted] \r\n8. Power to exempt. \r\n9. Protection to existing conditions of employment. \r\n10. [Omitted] \r\nSCHEDULE \r\nSTANDING ORDERS [SECTION 2(g)] \r\n1. Classification of workmen. \r\n2. Tickets. \r\n2A. Terms and conditions of service to be given in writing. \r\n3. Publication of working time. \r\n4. Publication of holidays and pay days. \r\n5. Publication of wage rates. \r\n6. Shift working. \r\n7. Attendance and late coming. \r\n8. Leave. \r\n9. Casual Leave. \r\n10. Payment of wages. \r\n10A. Groups incentive scheme. \r\n10B. Compulsory Group Insurance. \r\n10C. Payment of bonus. \r\n11. Stoppage of work. \r\n11A. Closure of establishment. \r\n12. Termination of employment. \r\n13. Procedure for retrenchment. \r\n14 Re-employment of retrenched workmen. \r\n14A. Special provision for construction workers. \r\n15. Punishments. \r\n16. Eviction from residential accommodation. \r\n17. [Omitted] \r\n18. [Omitted] \r\n19. Certificate of termination of service. \r\n20. Liability of employer. \r\n \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[* *] INDUSTRIAL AND COMMERCIAL EMPLOYMENT (STANDING \r\nORDERS) ORDINANCE, 1968 \r\n(VI of 1968) \r\n[22 May 1968] \r\nAn \r\nOrdinance \r\nto amend and consolidate the law relating to industrial employment in the Province of \r\nWest Pakistan. \r\nPreamble.– WHEREAS, it is expedient to amend and consolidate the law relating to \r\nindustrial employment in the Province of West Pakistan; \r\n AND WHEREAS  the Provincial Assemb ly of the West Pakistan is not in \r\nsession and the Governor of the West Pakistan is satisfied that circumstances exist \r\nwhich render immediate legislation necessary;  \r\n NOW THEREFORE, in exercise of the powers conferred on him by clause (1) \r\nof Article 79 of t he Constitution, the Governor of West Pakistan is pleased to make \r\nand promulgate the following Ordinance:–  \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe \r\n3\r\n[* *] Industrial and Commercial Employment (Standing Orders) Ordinance, 1968.  \r\n(2) It extends to the whole of the \r\n4\r\n[\r\n5\r\n[the Punjab]] \r\n6\r\n[* * * *]. \r\n(3) It shall come into force at once.  \r\n(4) It applies to– \r\n7\r\n[(a) every industrial establishment or commercial establishment wherein \r\ntwenty or more workmen are employed, directly or through any o ther \r\nperson whether on behalf of himself or any other person, or w here so \r\nemployed on any day during the preceding twelve months;] \r\n8\r\n[(b) * * * * * * * * *   ] \r\n \r\n1This Ordinance was promu lgated by the Governor of West Pakistan on March 8, 1968 and approved by the Provincial Assembly of \r\nWest Pakistan on May 8, 1968 under clause (3) of Article 79 of the Constitution and assented by the Governor of West Pakistan on May \r\n18, 1968, published in the Gazette of West Pakistan (Extraordinary), dated May 22, 1968, pp. 1922-A-1922-L. \r\n2Omitted the words “West Pakistan”  by the Finance Act,  2008 ( I of 200 8) (w.e.f. 1.7.2008), pu blished in the G azette of P akistan \r\n(Extraordinary), Part I, dated June 27, 2008, pp. 43-427, s. 4(1). \r\n3Ibid. \r\n4Substituted for the words “the Province of Pakistan” by the Federal Adaptation of Laws Order, 1975  (4 of 1975), published in the \r\nGazette of Pakistan (Extraordinary), Part I, dated August 1, 1975, pp. 435-467, Article 2(1) read with Schedule. \r\n5Substituted for the word “Pakistan”  by the Punjab Industrial and Commercial Employment (Standing Orders) (Amendment) Act 2012 \r\n(XXI of 2012), published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40163-40164, s. 3. \r\n6Omitted the comma and words “, except the Tribal Areas” by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in \r\nthe Gazette of Pakistan (Extraordinary), dated April 13, 1972, Article 2 read with First Schedule, Serial No. 5.  \r\n7Substituted by the West Pakistan Industrial and Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of 1973), \r\npublished in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 2(a). \r\n8Omitted by the West Pakistan Industrial an d Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 2(a). \r\n(c) such class or classes of other indu strial and commercial \r\nestablishments as Government may, fr om time to time, by notification \r\nin the official Gazette, specify in this behalf:  \r\nProvided that nothing in this Ordinance shall apply to industrial and  \r\ncommercial establishments carried on by or un der the authority of the \r\nCentral or Provincial Government,  where statutory rules or service, \r\nconduct or discipline are applicable to the workmen employed therein  \r\n1\r\n[:] \r\n2\r\n[Provided further that the p rovisions of Standing Orders 10 B and 11, \r\nclauses (6) and (8)  of Standing Order 12 and Standing Order 15 shall not \r\napply, in the first instance, to any industrial establishment wherein not more \r\nthan forty -nine persons were employed on any day during the preceding \r\ntwelve months but Government may, by notification in the official Gazette, \r\nextend all or any of the said provis ions to any such industrial establishment or \r\nany class of such establishments]. \r\n2. Definitions.– In this Ordinance, unless there is anything repugnant in the \r\nsubject or context– \r\n(a) \"collective agreemen t' means an agreement in writing intended to \r\nspecify the conditions of employment, and entered into between one or \r\nmore employers on the one hand, and one or more trade unions or, \r\nwhere there is no trade union, the duly authorized representatives of \r\nworkmen, on the other;  \r\n(b) \"commercial establishment\" means an esta blishment in which the \r\nbusiness of advertising, commission or forwarding is conducted, or \r\nwhich is a commercial agency, and includes a clerical department of a \r\nfactory or of any industrial or commer cial undertaking, the office \r\nestablishment of a person who  for the purpose of fulfilling a contract \r\nwith the owner of any commercial establishment or industrial \r\nestablishment employs workmen, a unit of a  joint stock company, an \r\ninsurance company, a banking  company or a bank, a broker's office or \r\nstock-exchange, a  club, a hotel, a restaurant or an eating house, a \r\ncinema or theatre, and such oth er establishment or class there of, as \r\nGovernment may, by notification in the official Gazette, declare to be a \r\ncommercial establishment for the purposes of this Ordinance;  \r\n3\r\n[(bb) \"construction industry\" means an industry engaged in the construction, \r\nreconstruction, maintenance, repair, alteration or demolition of any \r\nbuilding, railway, tramway, harbour, dock pier, canal, inland waterway, \r\nroad, tunnel, bridge, dam, viaduct, se wer, drain, water work, well, \r\ntelegraphic or telephonic installation, electrical undertaking, gas work, \r\nor other work of construction as well as the preparation for, or laying \r\nthe foundations of, any such work or structure;] \r\n \r\n1Substituted for the full stop by the Act ibid., s. 2(b). \r\n2Added by the Act ibid. \r\n3Added by the West Pakistan Industrial and Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 3(a). \r\n(c) employer\" means the owner o f an industrial or commercial \r\nestablishment to which this Ordinance for the time being applies, and \r\nincludes–  \r\n(i) in a factory, any person named under clause (e) of sub -section \r\n(1) of section 9 of the Factories Act, 1934 (XXV of 1934), as \r\nmanager of the factory;  \r\n(ii) in any industrial establishment under the control of any \r\ndepartment of the Central or any Provincial Government, the \r\nauthority appointed by such Government in this behalf, or where \r\nno such authority is so appointed, the head of the department;  \r\n(iii) in any other industrial or commercial establishment, any person \r\nresponsible to the owner for the supervision and control of such \r\nestablishment;  \r\n(d) \"go-slow\" means an organised, deliberate and purposeful slowing down \r\nof normal output or work by a  body of workers in a concerted manner \r\nand which is not due to any mechanical defect, break -down of \r\nmachinery, failure or defect in power supply, or in the supply of normal \r\nmaterials and spare parts of machinery;  \r\n(e) \r\n1\r\n[“Government” means Government of the Punjab;] \r\n(f) \"industrial establishment\" means–  \r\n(i) an industrial establishment as defined in clause (ii) of section 2 \r\nof the Payment of Wages Act, 1936  (IV of 1936); or \r\n(ii) a factory as defined in clause (j) of section 2 of the Factories Act \r\n1934 (XXV of 1934); or  \r\n(iii) a railway as defined in clause (4) of section 3 of the Railways \r\nAct, 1890 (IX of 1890); or  \r\n2\r\n[(iv) the establishment of a contractor who, directly or indirectly, \r\nemploys workmen in connection with the execution of a contract \r\nto which he is a party, and includes the premises in which, or the \r\nsite at which, any process connected with such execution is \r\ncarried on; \r\n3\r\n[or] \r\n4\r\n[(v) the establishment of a person who, directly or indirectly,  \r\nemploys workmen in connection with any construction industry;] \r\nExplanation.– “Contractor” includes a sub-contractor, headman or agent.]  \r\n \r\n1Substituted by the Punjab Industrial  and Commercial Employment (Standing Orders) (Amendment) Act 2012 (XXI of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40163-40164 s. 4. \r\n2Substituted by the Labour Laws (Second Amendment) Ordinance, 1972 (XVIII of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated May 27, 1972, s. 2 read with Schedule, Serial No. 2. \r\n3Added by the West Pakistan Industrial and Commercia l Employment (St anding Orde rs) (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 3(b). \r\n4Ibid. \r\n(g) \"Standing Orders\" means the orders contained in the Schedule, read \r\nwith such modifications, if any, as may be made  in pursuance of the \r\nprovisions of section 4; \r\n1\r\n[(h) \"trade union\" means a trade union for the time being registered under \r\nthe \r\n2\r\n[Punjab Industrial Relations Act 2010 (XIX of 2010)]; and] \r\n(i) ‘workman\" means any person employed in any industrial or commercial \r\nestablishment to do any skilled or unskilled, manual or clerical \r\n3\r\n[work] \r\nfor hire or reward.  \r\n3. Enforcement of Standing Order .– In every industrial or commercial \r\nestablishment, conditions of the employment of workmen and  other incidental \r\nmatters shall  subject to the other provisions of this Ordinance, be regul ated in \r\naccordance with the Standing Orders.  \r\n4. Modification of Standing Orders.– The Standing Orders may be modified by \r\nmeans of a collective agreement and not otherwise:– \r\n Provided that no such a greement shall have the effect of taking away or \r\ndiminishing any right or benefit available to the workmen under the provisions of the \r\nSchedule.  \r\n5. Posting of Standing Order .– The text of the Standing Orders shall be \r\nprominently posted and kept in a legib le condition by the employer in English and \r\nUrdu, and in t he language understood by the majority of his workmen on special \r\nboards to be maintained for the purpose at or near the entrance through which the \r\nmajority of the workmen enter the industrial or com mercial establishment and in all \r\ndepartments thereof where the workmen are employed. \r\n6. Inspectors.– (1) The Inspectors of Mines appointed under section 4 of the \r\nMines Act, 1923 (IV of 1923), the Inspectors appointed under section 10 of the \r\nFactories Act, 1934 (XXV of 1934), and such other persons, not being \r\n4\r\n[conciliators \r\nappointed under the \r\n5\r\n[Punjab Industrial Relations Act 2010 (XIX of 2010)] ] as \r\nGovernment may, by notification in the official Gazette, appoint, shall be the \r\nInspectors for the purposes of this Ordinance within the local limits assigned to each. \r\n (2) An Inspector may at all reasonable hours enter on any premises and \r\nmake such examination of any register or document relating to the maintenance or \r\nenforcement of the Standing Orders and take on  the spot or otherwise such \r\nevidence of any person, and e xercise such other powers of inspection, as he may \r\ndeem necessary for carrying out the purposes of this Ordinance. \r\n \r\n1Substituted by the Act ibid., s. 3(c). \r\n2Substituted by the Punjab Industrial and Co mmercial Employment (Standing Orders) (Amendment) Act 2012 (XXI of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40163-40164, s. 2. \r\n3Substituted for the word “labour” by the West Pakistan Industrial and Commercial Emp loyment (Standin g Orders)  \r\n(Amendment) Act, 1973 (XXIII of 1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. \r\n3(d). \r\n4Substituted for the words, comma and figure “conciliation officers appointed under the West Pak istan Industrial  Disputes \r\nOrdinance, 1968” by the West Pakistan Industrial and  Commercial Employment (Standing Orders)  (Amendment) Act, 1973 \r\n(XXIII of 1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 4. \r\n5Substituted by the Pu njab Industrial and Commercial Employment (Standing Orders) (A mendment) Act 2012 (XXI of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40163-40164, s. 2. \r\n(3) Every Inspector shall be deemed to be a public servant within the meaning of \r\nthe Pakistan Penal Code (XLV of 1860). \r\n7. Penalties and proc edure.– (1) An employer who modifies the Standing \r\nOrders as applicable to his industrial or commercial establishment, otherwise than in \r\naccordance with section 4, shall be punishable with fine which may extend to \r\n1\r\n[twenty-five thousand] rupees and in the c ase of a continuing offence, with a further \r\nfine which may extend to \r\n2\r\n[one thousand]  rupees for every day after the first day \r\nduring which the offence continues. \r\n (2) An employer who does any act in contravention of the Standing Orders \r\nas applicable to his  industrial or commercial establishment shall be punishable with \r\nfine which may extend to \r\n3\r\n[ten thousand]  rupees, and in the case of a continuing \r\noffence, with a further fine which may extend to \r\n4\r\n[one thousand] rupees for every day \r\nafter the first day during which the offence continues. \r\n (3) Whoever contravenes any of the provisions of this Ordinance, shall, if \r\nno other penalty is elsewhere provided by or under this Ordinance for such \r\ncontravention, be punishable with fine which may extend to \r\n5\r\n[ten thousand] rupees.  \r\n (4) Whoever, having been convicted of any offence punishable under sub -\r\nsection (1), (2) or (3), again commits such offence shall, on conviction, be liable to \r\ndouble the punishment prescribed for such offence under the aforesaid sub-sections.  \r\n (5) No prosecution for an offence punishable under this Ordinance shall be \r\ninstituted except by, or with the previous permission in writing of the Inspector.  \r\n \r\n6\r\n[(6) No Court other than a Labour Court  established under the \r\n7\r\n[Punjab \r\nIndustrial Relations Act  2010 (XIX of 2010)], shall try any offence under this \r\nOrdinance]. \r\n \r\n8\r\n[\r\n9\r\n[7A. * * * * * * * * *  ]] \r\n8. Power to exempt.– Government may subject to such conditions as it thinks fit \r\nto impose by notificati on in the official Gazette, exempt any industrial or co mmercial \r\nestablishment or class of such establishments from all or any of the provisions of this \r\nOrdinance. \r\n \r\n1Substituted for the words “five thousand” by the Act ibid., s.5(i). \r\n2Substituted for the words “two hundred” by the Act ibid. \r\n3Substituted for the word s “one hundred ” by the Punjab Industrial and Commercial Employment (Standing Orders) \r\n(Amendment) Act 2012 (XXI of 2012), published in the Punjab Gazett e (Extraordinary), dated Fe bruary 11, 2012, pp. 40163 -\r\n40164, s. 5(ii). \r\n4Substituted for the word “twenty-five” by the Act ibid. \r\n5Substituted for the words “one hundred” by the Act ibid., s. 5(iii). \r\n6Substituted by the  Labour Laws (Amendment) Act,  1976 (XI of 1976), published in the Gazette of Pakistan (Extraordinary), \r\nPart I, dated April 16, 1976, pp. 201-209, s. 2 read with Schedule, Serial No. 5. \r\n7Substituted by the Punjab Industrial and Commercial Employment (Standing Orders) (Amendment) Act 2012 (XXI of  2012), \r\npublished in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40163-40164 s. 2. \r\n8Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, Article 2 read with First Schedule, Serial No. 5. \r\n9Omitted by the West Pakistan Ind ustrial and Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 5. \r\n9. Protection to existing conditions of employment .– Nothing in this \r\nOrdinance shall affect any law, custom usage, award or agreement in force \r\nimmediately before the promulgation of this Ordinance in so far as such law, custom, \r\nusage, award or agreement ensure conditions of employment more favourable to \r\nworkmen than those provided in the Standing Orders. \r\n1\r\n[10. * * * * * * * * *   ] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Omitted by the Punjab  Industrial and Commercial Employment (Standing Ord ers) (Amendment) Act 2012 (XXI of 2012), \r\npublished in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40163-40164, s. 6. \r\nSCHEDULE \r\nSTANDING ORDERS [SECTION 2(g)] \r\n1. Classification of workmen.– (a) Workmen shall be classified as–  \r\n1. permanent,  \r\n2. probationers,  \r\n3. badlis,  \r\n4. temporary,  \r\n5. apprentices, \r\n1\r\n[6. contract worker.]  \r\n(b) A \"permanent workman\" is a workman who has been engaged on work \r\nof permanent nature likely to last more than nine months and has \r\nsatisfactorily completed a probationary period of three months in the \r\nsame or an other occupation in the industrial or commercial \r\nestablishment, including breaks due to sickness, accid ent, leave, lock -\r\nout, strike (not being an illegal lock -out or strike) or involuntar y closure \r\nof the establishment \r\n2\r\n[and includes a badli who has been employed for \r\na continues period of three months or f or one hundred and eighty three \r\ndays during any period of twelve consecutive months];  \r\n(c) A ‘ probationer” is a workman who is provisionally employed to fill a \r\npermanent vacancy in a post and has not completed three months \r\nservice therein. If a permanent e mployee is employed as a probationer \r\nin a higher post  he may, at any time during the probationary period of \r\nthree months, be reverted to his old permanent post.  \r\n(d) A \" badly” is a workman who is appointed in the post of a permanent \r\nworkman or probationer, who is temporarily absent.  \r\n(e) A \"temporary workman” is a workman who has been engaged for work \r\nwhich is of an essentially temporary nature likely to be finished within a \r\nperiod not exceeding nine months.  \r\n3\r\n[(f) An \"apprentice” is a person who is an appr entice within the meaning of \r\nthe Apprenticeship Ordinance, 1962 (LVI of 1962)].  \r\n4\r\n[(g) “contract worker” means a workman who works on contract  basis for a \r\nspecific period of remuneration to be calculated on piece rate basis.] \r\n2. Tickets.– (1) Every workman employed in an industrial establishment shall be \r\ngiven a permanent ticket unless he is a probationer, a badli, a temporary workman or \r\nan apprentice. \r\n \r\n1Added by the Finance Act 2006 (Federal Act No. III of 2006), published in the Gazette of Pakistan (Extraordinary), Part I, dated \r\nJuly 1, 2006, pp. 183-567, s. 6(a). \r\n2Added by the West Pakistan Industrial and Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(a)(i). \r\n3Substituted by the Act ibid., s. 6(a)(ii). \r\n4Added by the Finance Act 2006 (Federal Act No. III of 2006), published in the Gazette of Pakistan (Extraordinary), Part I, dated \r\nJuly 1, 2006, pp. 183-567, s. 6(b). \r\n (2) Every permanent workman shall be provided with a departmental \r\nticket, showing his number, and shall on being required to do so, show it to any \r\nperson authorised by the employer to inspect it.  \r\n (3) Every bIadli shall be provided with\" a badli card, on which shall be \r\nentered the days on which he has worked in the establishment, and which shall be \r\nsurrendered if he obtains permanent employment.  \r\n (4) Every t emporary workman shall be pro vided with a temporary ticket \r\nwhich he shall surrender on his discharge.  \r\n (5) Every apprentice shall be provided with an apprentice card which shall \r\nbe surrendered if he obtains permanent employment. \r\n1\r\n[2A. Terms and conditions  of service to be given in wr iting.– Every workman \r\nat the time of his appointment, transfer or promotion shall be provided with an order \r\nin writing, showing the terms and conditions of his service.] \r\n3. Publication of working time .– The periods and hours of  work for all classes \r\nof workmen in each shift shall be exhibited in Urdu and in the princip al language of \r\nworkmen employed in the industrial or commercial establishment on notice boards \r\nmaintained at or n ear the main entrance of the establishment and at t he time -\r\nkeeper's office, if any. \r\n4. Publication of holidays and pay days .– Notices specifying (a) the days \r\nobserved by the industrial or commercial establishment as holidays and (b) pay days \r\nshall be posted on the said notice boards. \r\n5. Publication of wage rates.– Notices specifying the rates of wages payable to \r\nall classes of workmen and for all classes of work shall be displayed on the said \r\nnotice boards. \r\n6. Shift working.– More than one shift may be work ed in a department or any \r\nsection of a department o f the industrial or commercia l establishment at the \r\ndiscretion of the employer. \r\n If more than one shift is worked, the workmen shall be liable to be transferred \r\nfrom one shift to another. No shift working shall be discontinued without one month's \r\nnotice being given prior to such discontinuance, provided that no such notice shall be \r\nnecessary if, as a result of the discontinuance of the shift, no permanent employee \r\nwill be discharged. If as a result of discon tinuance of shift working, any permanent \r\nworkmen are to be discharged they shal l be discharged having regard to the length \r\nof their service in the establishment, those with the shortest term of service being \r\ndischarged first. If shift working is restricted, a week's notice thereof shall be given by \r\nposting a notice at the main entran ce of the establishment and the time -keeper's \r\noffice, if any, and the workmen, discharged as a result of the discontinuance of the \r\nshift, shall, if they present themselves at th e time of the restarting of the shift, have \r\npreference in being re -employed, ha ving regard to the length of their previous \r\nservice under the establishment, those with the longest term of service being re -\r\nemployed first. \r\n \r\n1Inserted by the West Pakistan Ind ustrial and Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(b). \r\n7. Attendance and late coming .– All workmen shall be at work at the \r\nestablishment at t he time fixed and notified un der Standing Order 3. Workmen \r\nattending late shall be liable to the deductions provided for in the Payment of Wages \r\nAct, 1936 (IV of 1936). \r\n8. Leave.– \r\n1\r\n[(1) Holidays and leave w ith pay shall be allowed as here inafter \r\nspecified:– \r\n(a) Annual holidays, festiv al holidays, casual leave and sick leave as \r\nprovided for in Chapter IV A of the Fa ctories Act, 1934 (XXV of 1934) ; \r\nand  \r\n(b) other holidays in accordance with the law, contract, c ustom and \r\nusage.] \r\n (2) A workman who desires to ob tain leave of absence shall a pply to the \r\nemployer, who shall issue orders on the application within a week of its submission \r\nor two days prior to the commencement of the leave applied for, whichever is earli er, \r\nprovided that if the leave applied for is to commence on the date of the application or \r\nwithin three days thereof, the order shall be given on the same day. If the leave \r\nasked for is granted, a leave pass shall be issued to the workman. If the leave is  \r\nrefused or postponed, the fact of such postponem ent or refusal and the reason s \r\ntherefore shall be recorded in writing in a register to be maintained for the purpose, \r\nand if the workman so desires, a copy of the entry in the register shall be supplied to \r\nhim. If the workman after proceeding on leave desi res an extension thereof he s hall \r\napply to the employer who shall send a written reply either granting or refusing \r\nextension of leave to the workman if his address is available, and if such reply is \r\nlikely to reach him before the expiry of the leave originally granted to him. \r\n \r\n2\r\n[(3) * * * * * * * * *    \r\n (4) * * * * * * * * *   ] \r\n3\r\n[9. Casual Leave.– * * * * * * *   ]  \r\n10. Payment of wages.– (1) Any wages, due to the workman but not paid on the \r\nusual pay day on account of their being unclaimed, shall be paid  by the employer on \r\nan unclai med wage pay day in each week, which shall be notified on the notice \r\nboards as aforesaid. \r\n (2) All workmen shall be paid wages on a working day before the expiry of \r\nthe 7th or 10 th day after the last day of the wage period, in respect of which the \r\nwages are payable if the total number of workmen employed in the establishment is \r\n1,000 or less or exceeds 1,000 respectively. \r\n4\r\n[10A. Groups incentive scheme .– (1) In every industrial estab lishment which is a \r\nfactory and in which fifty  or more workmen are employed  there shall be introduced \r\n \r\n1Substituted by the West Pakistan Industrial and Commercial Employment (Standing Orders) (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(c)(i). \r\n2Omitted by the West P akistan Industrial and Comm ercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(c)(ii). \r\n3Omitted by the Act ibid., s. 6(d). \r\n4Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, Article 2 read with First Schedule, Serial No. 5. \r\nfrom such date as may be specified by the \r\n1\r\n[* * *] Government, by notification in the \r\nofficial Gazette, a group incentive scheme to provide incentive for greater production \r\nto groups of workmen employed in the factory. The scheme shall provide the manner \r\nin which the performance of different groups of workmen, whether in the same \r\nsection, shop, department or shift or in different sections, shops, departments or \r\nshifts, shall be evaluated. \r\n (2) The ince ntive shall be in the form of  additional wages or additional \r\nleave with wages or in both such forms to the members of the group of workmen \r\nwhose production exceeds that of the other groups or the average of all  the groups. \r\nThe incentive shall be according to such scales as may be pres cribed and shall be \r\nrelated to the e xtent of the excess production achieved by the group with the best \r\nperformance].  \r\n2\r\n[10B. Compulsory Group In surance.– (1) The employer shall have  all the \r\npermanent workmen employed by him ins ured against \r\n3\r\n[natural death and disability \r\nand] death and injury arising out of contingen cies not covered by the Workman’s \r\nCompensation Act, 1923 or the  \r\n4\r\n[Provincial Employees ’ Social Security Ordinance ] \r\n1965 (Ordinance No. X of 1965). \r\n (2) The employer s hall in all cases be responsi ble for the payment of the \r\namount of premia and for all administrative arrangements whether carried out by \r\nhimself or through an insurance company. \r\n (3) The amount for which each wor kman shall be insured shall not be less \r\nthan the amount of compensation sp ecified in Schedule IV to the Workmen's \r\nCompensation Act, 1923 (VIII of 1923)]. \r\n \r\n5\r\n[(4) Where the employer fails to have a permanent workman employed by \r\nhim insured in the manner laid down in clauses (1), (2) and (3) and such wo rkman \r\nsuffers death or injury  arising out of contingencies mentioned in clause (1) , the \r\nemployer shall pay, in the case of death, to the heirs of such workman, or in the case \r\nof injury, to the workman, such sum o f money as would have been payable by the \r\ninsurance company had such workman been insured. \r\n (5) All claims of a workman or his heirs for recovery of money under \r\nclause (4) shall be settled in the same manner as is provided for the determination \r\nand recovery of compensation under the workmen's Compensation Act, 1923 (VIII of \r\n1923).] \r\n \r\n1Omitted the word “Provincial” by the Punjab Industrial and Commercial Employment (Standing Orders) (Amendment) Act 2012 \r\n(XXI of 2012), published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40163-40164, s.7(i). \r\n2Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, Article 2 read with First Schedule, Serial No. 5. \r\n3Inserted by the Labour Laws (Amendment) Act, 1976 (XI of 1976), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated April 16, 1976, pp. 201-209, s. 2 read with Schedule, Serial No. 5. \r\n4Substituted for the words “West Pa kistan Employees, Social Security Ordinance” by the Federal Adaptation of Laws Order, \r\n1975 (4 of 1975), published in the Gazette of Pakistan (Extraordinary), Part I, dated August  1, 1975, pp. 43 5-467, Article 2(1) \r\nread with Schedule. \r\n5Added by the West Pak istan Industrial and Commercial Employment (Standing Orders) (Amendment) Act, 1974 (XLVIII of \r\n1974), published in the Gazette of Pakistan (Extraordinary), Part I, dated September 10, pp. 365-366, s. 3(a). \r\n1\r\n[10C. Payment of bonus.– (1) Every employer making profit in any year shall pay \r\n2\r\n[for that year within three months of the closing of] that year to the workman who \r\nhave been in h is employment in that year for a continuous  period of not less than \r\nninety days a bonus in addition to the wages payable to such workmen. \r\n (2) The amount of the bonus payable shall. \r\n(a) if the amount of the profit is not less than the aggregate of one month 's \r\nwages of the workmen employed, be not l ess than the amount of such \r\naggregate, subject to the maximum of thirty percent of such profit; \r\n \r\n3\r\n[Illustration 1.– If the profit is Rs. 1,20,000.00 and the aggregate of one \r\nmonth's wages of the workmen is Rs.30,000.00, the amount of bonus payable \r\nshall be not less than the aggregate of one month's wages, that is to say, Rs. \r\n30,000.00.  \r\n Illustration 2.– If the profit is Rs.30,000. 00 and the aggregate of one \r\nmonth's wages of the workmen is also Rs.30,000.00, the amount of the bonus \r\npayable shall be not less  than thirty percent of the p rofit, that is to say, Rs. \r\n9,000.00.] \r\n(b) if the amount of the profit is less than the aggregate referred to in \r\nparagraph (a), be not less than fifteen per cent of such profit. \r\n (3) The bonus payable to a workman entitled thereto under clause (1) shall \r\nbear to his monthly wages the same proportion as the total bonus payable by the \r\nemployer bears to the aggregate of the wages referred to in paragraph (a) of clause \r\n(2) and shall be paid eithe r in cash or in N. I. T. Units of equiv alent value at the \r\noption of such workman. \r\n (4) Nothing in this section shall be deemed to affect the right of any \r\nworkman to receive any bonus other than that payable under clause (1) to which he \r\nmay be entitled in accordance with the terms of his employment or any usage or any \r\nsettlement or an award of a Labour Court established under the \r\n4\r\n[Punjab Industrial \r\nRelations Act, 2010 (XIX of 2010)]. \r\nExplanation.– For the purpose of this section:– \r\n(a) \"N. I. T. Units\" means the Units referred to i n the National Investment \r\n(Unit) Trust Ordinance, 1965 (VII of 1965).  \r\n5\r\n[(b) \"Profit\" means the “ net profit‟ as defined in Companies Ordinances, \r\n1984 (XLVII of 1984);] \r\n \r\n1Inserted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, Article 2 read with First Schedule, Serial No. 5. \r\n2Substituted for the word “in” b y the West Pakis tan Industrial and Commercial Employment (Standing Orders)  (Amendment) \r\nAct, 1973 (XXIII of 1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(e)(i). \r\n3Inserted by the West Pakistan Industrial an d Commercial Emp loyment (Standing Orders) (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(e)(ii). \r\n4Substituted for the words, comma, figures and brackets “Industrial Relation s Ordinance, 1969 (XXIII of 1969)” by the Punjab \r\nIndustrial and Commercial Emp loyment (Standing Orders)  (Amendment) Act 2012 (XXI of 2012), published in the Punjab \r\nGazette (Extraordinary), dated February 11, 2012, pp. 40136-40164, s. 2. \r\n5Substituted by the Act ibid., s. 7(ii). \r\n(c) \"Wages\" does not, for the purpose of calculating the bonus payable to \r\na person under clause (1), in clude the bonus referred to i n clause (vi) \r\nof section 2 of the payment of Wages Act, 1936 (IV of 1936).]] \r\n11. Stoppage of work .– (1) The employer may, at any time, in the event of fire, \r\ncatastrophe, break-down of machinery or stoppage of power supply, epid emics, civil \r\ncommotion or oth er cause beyond his control, stop any section or sect ions of the \r\nestablishment, wholly or partially for any period or periods without notice. \r\n (2) In the event of such stoppage during working hours, the workmen \r\naffected shall b e notified by notices put upon the notice board in the departments \r\nconcerned or in the office of the employer, as soon as practicable, when work will be \r\nresumed and whether they are to remain or leave their place of work. The workmen \r\nshall not ordinarily b e required to remain for more  than two hours after the \r\ncommencement of the stoppage . If the period of detention does not exceed one \r\nhour, the workmen so detained shall not be paid for the period of detention. If the \r\nperiod of detention exceeds one hour, th e workmen so detained shall b e entitled to \r\nreceive wages for the whole of the time, during which they are detained as a result of \r\nthe stoppage. In the case of piece -rate workers, the average daily earning for the \r\nprevious month shall be taken to be the dai ly wage. Wherever practicable  \r\nreasonable notice shall be given of resumption of normal work. \r\n \r\n1\r\n[(3) In cases where workmen are laid -off on account of failure of plant, a \r\ntemporary curtailment of production or any stoppage of work for reasons mentioned \r\nin clause (1), they shall be paid by the employer an amount equal to one -half of their \r\ndaily wages during the first fourteen days of lay -off as compensation. When, \r\nhowever, the workmen have to be laid -off for an indefinite period beyond the above \r\nmentioned fou rteen days, their services ma y be terminated after giving them due \r\nnotice or pay in lieu thereof].  \r\n (4) The employer may in the event of a strike affecting either wholly or \r\npartially any section or department of the establishment close down, either wholly  or \r\npartially, such section or department and any other section or department affected by \r\nsuch closing down. The fact of such closure shall be notified by notices put on the \r\nnotice board in the section or department concerned and in the time -keeper's office, \r\nif any, as soon as practic able. The workmen concerned shall also be notified by a \r\ngeneral notice, prior to resumption of work, as to when work will be resumed. \r\n2\r\n[11A. Closure of establishment .– Notwithstanding anything contained in Standing \r\nOrder 11, no employer shall \r\n3\r\n[terminate the employment of more than fifty percent of \r\nthe workmen or] close down the whole of the establishment without prior permission \r\nof the Labour Court in this behalf, except in the event of fire, catastrophe, stoppage \r\nof power supply, epidemics or civil commotion.  \r\nExplanation.– 'Close down' in this Standing  Order includes lay -off of work men \r\nbeyond fourteen days where such lay -off results in closure of an establishment but \r\n \r\n1Substituted by the West Pakistan Industrial and Commerc ial Employment (Standing Orders) (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(f). \r\n2Inserted by the Act ibid., s. 6(g). \r\n3Inserted by the Labour Laws (Amendment) Act, 1976 (XI of 1976), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated April 16, 1976, pp. 201-209, s. 2 read with Schedule, Serial No. 5. \r\ndoes not include lock-out declared, commenced or continued i n accordance with the \r\nprovisions of the \r\n1\r\n[Punjab Industrial Relations Act 2010 (XIX of 2010)].] \r\n2\r\n[12. Termination of employment .– (1) For terminating employment of a \r\npermanent workman, for any reason other than misconduct, one month's notice shall \r\nbe given either by the employer or th e workman. One month's wages calculated on \r\nthe basis of average wages earned by the workman during the last three months \r\nshall be paid in lieu of notice. \r\n (2) No temporary workman, whether monthly -rated, weekly -rated, daily  \r\nrated or piece-rated, and no probationer or badli, shall be entitled to any notice if his  \r\nservices are terminated by the employer, nor shall any such workman be required to \r\ngive any notice or pay  any wages in lieu thereof to the employer if he leaves \r\nemployments of his own accord. \r\n (3) The services of a workman shall not be terminated, nor shal l a \r\nworkman be removed, retrenched, discharged or dismissed from service, except by \r\nan order in writing which shall explicitly state the reason for the action taken. In case \r\na workman is aggrieved b y the termination of his services or removal, retrenchment , \r\ndischarge or dismissal, he may \r\n3\r\n[take action in accordance with the provisions of] \r\n4\r\n[section 33] of the \r\n5\r\n[Punjab Industrial Relations Act 2010 (XIX of 2010) ], and \r\nthereupon the provisions of said section shall apply as they apply to the redress of \r\nan individual grievance. \r\n (4) Where the services of any workman are terminated, the wages earned \r\nby him and other dues, including payment for unavailed leave as defined in cla use \r\n(1) of Standing Order 8, shall be paid before the expiry of the second working day \r\nfrom the day on which his services are terminated.  \r\n (5) The services of permanent or temporary workman shall not be \r\nterminated on the ground of misconduct otherwise tha n in the manner prescribed in  \r\nStanding Order 15.  \r\n (6) Where a workman resigns from servi ce or his services are terminated \r\nby the employer, for any reason other than misconduct, he shall, in addition to any \r\nother benefit to which he may be entitled under t his Ordinance or in accordance with \r\nthe terms of his employment or any custom, usage or a ny settlement or an award of \r\na Labour Court under the \r\n6\r\n[Punjab Industrial Relations Act 2010 (XIX of 2010)] , be \r\n \r\n1Substituted for the words, c omma, figures and brackets “Industrial Relations Ordinance, 1969  (XXIII of 1969)” by the Punjab \r\nIndustrial and Commercial Employment (Standing Orders)  (Amendment) Act 2012 (XXI of 2012), published in the Punjab \r\nGazette (Extraordinary), dated February 11, 2012, pp. 40136-40164, s. 2. \r\n2Substituted (the Standing Order 12) by the Labour Laws (Amendment) Ordinance, 1972 (V of 1972), published in the Gazette \r\nof Pakistan (Extraordinary), dated September 9, 1972, s. 2 read with Schedule, Serial No. 2. \r\n3Substituted for the words “b ring his grievance to the notice of his employer in the manner  laid down in” by the West Pakistan \r\nIndustrial and Commercial Employment (Standing Orders) (Amendment) Act, 1973 (XXIII of 1973), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(h)(i). \r\n4Substituted for the word an d figure “section 25 -A” by the Punjab Industrial and Commercial Employment (Standing Orders) \r\n(Amendment) Act 2012 (XXI of 2012), published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp . 40163-\r\n40164. s. 7(iii). \r\n5Substituted for the words, comma, figures and brackets “Industrial Relations Ordinance, 1969  (XXIII of 1969)” by the Act ibid., \r\ns. 2. \r\n6Substituted for the words, comma, figures and brackets “Industrial Relations Ordinance, 1969 (XXIII of 1969)” by the Punjab \r\nIndustrial and Commer cial Employment (Standing Orders)  (Amendment) Act 2012 (XXI of 2012), published in the Punjab \r\nGazette (Extraordinary), dated February 11, 2012, pp. 40136-40164, s. 2. \r\npaid gratuity equivalent to \r\n1\r\n[\r\n2\r\n[thirty days]], wages, c alculated on the basis of the  \r\n3\r\n[wages admissible to him in the last month of service if h e is a fixed -rated workman \r\nor the highest pay drawn by him during the last 12 months if he is a piece -rated \r\nworkman] , for every completed year of service or any part thereof in excess of six \r\nmonths:  \r\n Provided that, where the employer has established a Pro vident Fund to which \r\nthe workman is a contributor and the contribution of the employer to which is not less \r\nthan the contribution made by the workman, no such gratuit y shall be payable for the \r\nperiod during which such Provident Fund has been in existence \r\n4\r\n[***] \r\n5\r\n[:] \r\n Provided further that if through collective bargaining the employer offers and \r\ncontributes to an “approved pension fund” as defined in the Income Tax ordi nance, \r\n2001 (XLIX of 2001), a nd where the contribution of the employer is not less than \r\n15% of the limit prescribed in the aforesaid Ordinance, and to which the workman is \r\nalso a contributor for the remaining 50 percent or less, no gratuity shall be payabl e \r\nfor the period during which such contributions has been made”.] \r\n (7) A workman shall be entitled to receive the amount standing to his credit \r\nin the Provident Fund, including the contributions of the employer to such Fund, even \r\nif he resigns or is dismissed from service.] \r\n6\r\n[* * *] \r\n \r\n7\r\n[(8) Where workman dies while in service of the employer, his d ependant \r\nshall be paid gratuity in accordance with the provisions of clause (6): \r\n Provided that no payment of gratuity in such cases shall be made otherwise \r\nthan b y a deposit with the Commissi oner, who shall proceed with the allocation of \r\nthe deposit to the  dependant of the deceased in accordance with the provisions of \r\nsection 8 of the Workmen's Compensation Act, 1923 (VIII of 1923).  \r\n (9) If the employer fails to d eposit the amount of the grat uity under clause \r\n(8), the dependant of the deceased may make an a pplication to the Commissioner \r\nfor the recovery of the amount thereof. \r\nExplanation.– \"Commissioner\" and \"dependant\" in this Standing Order shall have \r\nthe same me anings as are respectively as signed to them in the Workmen's \r\nCompensation Act, 1923 (VIII of 1923.]  \r\n \r\n1Substituted for the word “ fifteen” by  the West Pakistan Industrial and Commercial Employ ment (Standing Orders)  \r\n(Amendment) Act, 1973 (XXIII of 1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. \r\n6(h)(ii). \r\n2Substituted for the words “twenty days” by the Labour Laws (Amendment) Act, 1994 (XI of 1994), published in the Gazette of \r\nPakistan (Extraordinary), Part I, dated June 29, 1994, pp. 223-235, s. 2 read with Schedule, Serial No. 5. \r\n3Substituted for the words “average wages earned by him du ring the la st three months” by the West Pakistan Industrial an d \r\nCommercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of 1973), published in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated February 9, 1973, s. 6(h)(ii)(A). \r\n4Omitted the words “and this clause shall have effect as if reference therein to the last “three months” where a reference to the \r\nthree months immediately preceding the establishment of the Provident Fund” by the Act ibid., s. 6(h)(ii)(B). \r\n5Substituted for full stop  by the Finance Act,  2007 ( IV of 2007 ) (w.e.f. 2.7.2007), publi shed in the Gazette of Pakistan \r\n(Extraordinary), Part I, dated July 2, 2007, pp. 431-1000, s. 6. \r\n6Certain words omitted by the Industrial and Commercial Employment (Standing Orders), Clauses (8) and (9) added ibid. \r\n7Added by the West Pakistan Industrial an d Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(h)(iii). \r\n13. Procedure for retrenchment.– Where any workman is to be retrenched and \r\nhe belongs to a particular category of workmen, the employer shall retrench the \r\nworkman who is the last person employed in that category. \r\n14 Re-employment of retrenched workme n.– Where any number of workmen \r\nare retrenched and the employer proposes to take into his employ any person within \r\na period of one year from the date of such retrenchment, he shall give an opportunity \r\nto the retrenched workmen belonging to the category concerned, by sending a notice \r\nby registered post to their last known addresses to offer themselves for re -\r\nemployment, and they shall have preference over other per sons each having priority \r\naccording to the length of his service, under the employer \r\n1\r\n[:] \r\n \r\n2\r\n[Provided that, in the case of a seasonal factory within the meaning of section \r\n4 of the Factories Act, 1934 (XXV of 1934), a workman who was retrenched in one \r\nseason and reports for duty withi n ten days of the resumption of work in the factory \r\nin the immedia tely following season  \r\n3\r\n[shall be given preference for employment] by \r\nthe employer \r\n4\r\n[:]] \r\n \r\n5\r\n[Provided further that in the case of such a seasonal factory, the emp loyer \r\nmay by sending notice b y registered post to the last known address of a workman \r\nwho was re trenched in one season req uire him to report on a day specified in the \r\nnotice, not being earlier than ten days before resumption of work in such factory, and \r\nif such workman so reports he s hall be given preference for employment and paid \r\nfull wages from the day he reports.] \r\n6\r\n[14A. Special provision for construction workers .– Where any workman is \r\nretrenched or discharged by a contractor or any employer engaged in the \r\nconstruction industry due  to completion, cessation or discontinuance of work, he \r\nshall be gi ven preference for employment in any other similar work undertaken by \r\nthe contractor or employer within a period of one year from the date of such \r\nretrenchment or discharge:  \r\n Provided that  where a workman is re -employed within the one month of his \r\nretrenchment or discharge, he shall be deemed to have been in continuous service \r\nof the contractor or employer notwithstanding the interruption caused by his \r\nretrenchment or discharge but no wages  shall be paid to him for the period of \r\ninterruption.] \r\n15. Punishments.– (1) A workman may be reprimanded or fined in the manner \r\nprescribed under the Payment of Wages Act, 1936 (IV of 1936), up to three paisa in \r\n \r\n1Substituted for the ful l stop by the Labour Laws (Amendment) Ordinance, 19 72 (IX of 1972), published in the Gazette of \r\nPakistan (Extraordinary), dated April 13, 1972, s. 2 read with First Schedule, Serial No. 5. \r\n2Added by the Labour Laws (Amendment) Or dinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinar y), \r\ndated April 13, 1972, s. 2 read with First Schedule, Serial No. 5. \r\n3Substituted for the words “shall be re -employed” by the Labour Laws (Amendment)  Act, 1972 ( V of 1972), pub lished in the \r\nGazette of Pakistan (Extraordinary), Part I, dated September 9, 1972, s. 2 read with Schedule, Serial No. 2. \r\n4Substituted for the full stop by the West Pakistan Industrial and Commercial Employment (Standing Orders) (Amendment) Act, \r\n1974 (XLVIII of 1974), published in the Gazette of Pakistan (Extraordinary), Part I, dated September 10, pp. 365-366, s. 3(b). \r\n5Added by the Act ibid. \r\n6Inserted by the West Pakistan Industrial and Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XXIII  of \r\n1973), published in the Gazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(i). \r\nthe rupee of th e wages payable to him in a m onth, for any of the following acts or \r\nomissions, namely:– \r\n(i) in c ases where the Payment of Wages Act, 1936 (IV of 1936), is \r\napplicable, the list of acts and omissions for which fine may be levied \r\nshall be same as approved by the Chief Inspector of Factor ies or any \r\nother officer concerned.  \r\n(ii) in other cases, the following shall be the list of acts and omissions:–  \r\n(a) disregard or disobedience of rules or orders;  \r\n(b) improper behaviour, such as drunkenness; \r\n(c) making false or misleading statements;  \r\n(d) inefficient, dilatory, careless or wasteful working;  \r\n(e) malingering.  \r\n (2) A workman found guilty of misconduct shall be liable to any of the \r\nfollowing punishments:– \r\n(i) fine in the manner prescribed under the Payment of W ages Act, 1936 \r\n(IV of 1936), upto three paisa in the rupee of the wages payable to him \r\nin a month;  \r\n(ii) withholding of increment or promotion for a specified period not \r\nexceeding one year;  \r\n(iii) reduction to a lower post; or  \r\n(iv) dismissal without payment of any compensation in lieu of notice.  \r\n (3) The following acts and omissions shall be treated as misconduct:–  \r\n(a) wilful in subordination or disobedience, whether alone or in \r\ncombination with others, to any lawful and reasonable order of a \r\nsuperior;  \r\n(b) theft, fraud, or dishones ty in connection with the employer's business \r\nor property;  \r\n(c) wilful damage to or loss of employer's goods or property;  \r\n(d) taking or giving bribes or any illegal gratification;  \r\n(e) habitual absence without leave or absence  without leave for more than \r\nten days;  \r\n(f) habitual late attendance;  \r\n(g) habitual breach of any law applicable to the establishment; \r\n(h) riotous or disorderly behaviour during working hours at the \r\nestablishment or any act subversive of discipline;  \r\n(i) habitual negligence or neglect of work;  \r\n(j) frequent repetition of any act or omission referred to in clause (1);  \r\n(k) striking work or inciting others to strike in contravention of the \r\nprovisions of any law, or rule having the force of law;  \r\n(l) go-slow.  \r\n (4) No order of dismissal s hall be made unless the workman concerned is \r\ninformed in writing of t he alleged misconduct  \r\n1\r\n[within one month of the date of such \r\nmisconduct or of the date on which the alleged misconduct comes to the notice of \r\nthe employer ] and is given an opportunity to explain the circumstances alleged \r\nagainst him. The approval of the e mployer shall be required in every case of \r\ndismissal and \r\n2\r\n[the employer shall] institute independent inquiries before dealing with \r\ncharges against a workman \r\n3\r\n[:] \r\n \r\n4\r\n[Provided that the workm an proceeded against may, if he so desires for his \r\nassistance in the enquiry, nominate any workma n employed in that establishment \r\nand the employer shall allow the workman so nominated to be present in the enquiry \r\nto assist the workman proceeded against and  shall not deduct his wages if the \r\nenquiry is held during his duty hours.] \r\n (5) Where, for the purpose s of conducting an i nquiry into the alleged \r\nmisconduct of a workman, the employer considers it necessary, he may suspend the \r\nworkman concerned for a perio d not exceeding four days at a time  \r\n5\r\n[so, however, \r\nthat the total peri od of such suspension shall not exceed four weeks except where \r\nthe matter is pending before an Arbitrator, a Labour Court, Tribunal or Conciliator for \r\nthe gr ant of permission u nder secti on \r\n6\r\n[57] of the \r\n7\r\n[Punjab Industrial Relations Act \r\n2010 (XIX of 2010)]]. The order of suspension shall be in writing and may take effect \r\nimmediately on delivery to the workman. During the period of suspension, the \r\nworkman concerned shall be paid by the empl oyer \r\n8\r\n[***] to the same wages as he \r\nwould have received if he had not been suspended.  \r\n16. Eviction from residential accommodation .– (1) Notwithstanding the \r\nprovisions of any law for the time being in force, including those of the West Pakistan \r\nUrban Rent Restriction Ordinance, 1959 ( W.P. Ordinance No. VI of 1959), a \r\nworkman occupying residential accommodation provided by his employer, who has \r\nresigned or retired, or has been retrenched, discharged or dismissed, or whose \r\nservices have been terminated, shall  vacate such accommodation within a period of \r\ntwo months from the date  of his retrenchment, discharge, dismissal or termination of \r\nservices, as the case may be; provided that in case of reinstatement of the workman, \r\nthe employer shall be bound to provide h im with similar -residential accommodation \r\n \r\n1Inserted by the Labour Laws (Amendment) Act, 1976 (XI of 1976), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated April 16, 1976, pp. 201-209, s. 2 read with Schedule, Serial No. 5. \r\n2Substituted for the commas  and words “, when the circumstances appear to warrant it, the employer may\" by the West \r\nPakistan Industrial and Commercial Employment (Standing Orders)  (Amendment) Act, 1973 (XX III of 1973), pu blished in the \r\nGazette of Pakistan (Extraordinary), Part I, dated February 9, 1973, s. 6(j)(i). \r\n3Substituted for full stop by the Act ibid., s. 6(j)(ii). \r\n4Added by the Act ibid. \r\n5Inserted by the Labour Laws (Amendment) Act, 1976 (XI of 1976), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated April 16, 1976, pp. 201-209, s. 2 read with Schedule, Serial No. 5. \r\n6Substituted for the figure “47” by the Punjab Industrial and Commercial Employment (Standing Orders) (Amendment) Act 2012 \r\n(XXI of 2012), published in the Punjab Gazette (Extraordinary), dated February 11, 2012, pp. 40163-40164, s. 7(iv). \r\n7Substituted by the Act ibid., s. 2. \r\n8Omitted the words, full stop and comma “subsistence allowance of not less than fifty per centum of the wages. If the workman \r\nis found not guilty, he shall be deemed to have b een on duty during the period of suspension and shall be entitled”  by the \r\nFinance Act, 2008 (I of 200 8) (w.e.f. 1.7.2008), published in the Gazette of Pakistan (Extraordinary), P art I, dated Jun e 27, \r\n2008, pp. 43-427, s. 4(2). \r\nfrom the date of such reinst atement or pay him per mensem, an allowance in lieu \r\nthereof at the rate of three times the wages of the last full working day. \r\n (2) If a workman, who has bee n retrenched, discharged or d ismissed, or \r\nwhose services have been terminated, fails to vacate any residential premises \r\nprovided by the employer, within the period specified in clause (1), the employer may \r\nlodge a complaint with a Magistrate of the first c lass having jurisdiction in t he area \r\nwhere such residential accommodation is located.  \r\n (3) The Magistrate on hearing the parties, may, notwithstanding anything \r\ncontained in any other law for the time being in force, summarily decide the case and \r\nmay pass an order of eviction, giving the workman a reasonable time to vacate the \r\npremises. \r\n (4) Where a Magistrate passes an order for the eviction of a workman, he \r\nmay also pass an order directing a police officer to evict such workman and any \r\nother person occupy ing through such workman the residential accommodation in \r\nrespect of which the order of eviction is  made if the workman or such other person \r\nfails to vacate the accommodation within the time allowed under clause (3). \r\n (5) A police officer acting under an o rder of the Magistrate under clause \r\n(4), shall notify the occupants of the premises in question, th e contents of the \r\nMagistrate's order and his intention to enter on such premises, and  shall allow at \r\nleast two hours’ time  to the occupants to vacate the pre mises and shall give all \r\nreasonable facilities to the children and female occupants, if any, to wit hdraw \r\ntherefrom before applying any force for taking over possession of such premises. \r\n (6) Where a workman occupying residential accommodation provided to \r\nhim by the employer dies, the procedure prescribed in this Standing Order shall \r\nmutatis mutandis and so far as applicable , apply, for evicting any person, who was \r\noccupying the premises through such workman, and after his death continues to \r\nremain in occupation thereof. \r\n1\r\n[17. Provident Fund.– * * * * * * *   ] \r\n2\r\n[18. Grievance Procedure.–  * * * * * *   ] \r\n19. Certificate of termination of service .– Every permanent workman shall be \r\nentitled to a service certificate at the time of his dismissal, discharge, retr enchment \r\nor retirement from service. \r\n20. Liability of employer .– The employer of the industrial and  commercial \r\nestablishment shall personally be held responsible for the proper and faithful \r\nobservance of the Standing Orders, whether or not the workman of s uch \r\nestablishment are employed through contractors. \r\n \r\n \r\n \r\n \r\n1Omitted by the Labour Laws ( Amendment) Act, 1972 (V of 1972), published in the Gazette of Pakistan (Extraordinary), Part I, \r\ndated September 9, 1972, s. 2 read with Schedule, Serial No. 2. \r\n2Omitted by the Labour Laws (Amendment) Ordinance, 1972 (IX of 1972), published in the Gazette of Pakistan (Extraordinary), \r\ndated April 13, 1972, s. 2 read with First Schedule, Serial No. 5.",
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