[ 423 ]

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

No. 23/AIL/Lab./G/2020.

Puducherry, dated 26th June 2020.

NOTIFICATION

The Notification in G.S.R.235(E), dated 16th March, 2018 of the Ministry of

Labour and Employment, Government of India, New Delhi, published in the Gazette

of India, dated 16th March, 2018, Extraordinary, No. 145, Part-II, Section-3-

Sub-section (i), is hereby republished for general information of the public.

(By order)

S. MOUTTOULINGAM,

Under Secretary to Govenment (Labour).

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2018-20

WPP No. TN/PMG(CCR)/WPP-88/2018-20

Dated : 3-7-2020

Price : ` 3-00

Amﬂºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I

E≈©A ÿkπX|

EXTRAORDINAIRE

EXTRAORDINARY

∂]ÔV´D ÿ√u≈

Publiée par

Published by

ÿkπX|

Autorité

Authority

sÁÈ : ` 3-00

Prix : ` 3-00

Price : ` 3-00

®ı

Amﬂºƒˆ

ÿk^π¬˛wÁ\

2020 }

ÛÁÈ |

3 {

No.

Poudouchéry

Vendredi

Juillet

2020 (12 Asadha 1942)

No.

Puducherry

Friday

3rd

July

2020

424

LA GAZETTE DE L’ETAT

[ PART-I

424

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 16th March, 2018

G.S.R. 235(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), vide notification of the Ministry of Labour and Employment

number G.S.R. 17(E), dated the 8th January, 2018, in the Gazette of India,

Extraordinary, Part II, Section 3, Sub-section (i), for inviting objections or

suggestions from the persons likely to be affected thereby on or before the expiry

of a period of thirty days from the date of publication of the said notification in

the Official Gazette;

And whereas, the copies of the said Gazette were made available to the

public on the 8th January, 2018;

And whereas, the objections or suggestions received from the public on

the said Draft Rules have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 15 of the

Industrial Employment (Standing Orders) 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, 2018.

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

Official Gazette.

2. In the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946),

in Schedule, in item 1, for the words “fixed term employment workmen in apparel

manufacturing sector”; the words “fixed term employment” shall be substituted;

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

(a) after rule 3, the following rule shall be inserted, namely:–

(3A) No employer of an industrial establishment shall convert the

posts of the permanent workmen existing in his industrial establishment

on the date of commencement of the Industrial Employment (Standing

Orders) Central (Amendment) Rules, 2018 as fixed term employment

thereafter.”,

(b) in rule 5, for item (6A) and the entries relating thereto, the following

item and entries shall be substituted,namely:–

“(6A) Number of fixed term employment workmen”;

(i) in paragraph 2,–

(A) in sub-paragraph (a), for item (3A) and the entries relating

thereto, the following item and entries shall be

substituted, namely :–”

PART-I ]

LA GAZETTE DE L’ETAT

425

“(3A) fixed term employment workmen”;

(B) for sub-paragraph (h), the following sub-paragraph shall be

substituted, namely:-

(h) A “fixed term employment workman” is a workman

who has been engaged on the basis of a written contract

of employment for a fixed period:

Provided that–

(a) his hours of work, wages, allowances and other benefits

shall not be less than that of a permanent workman; and

(b) he shall be eligible for all statutory benefits available to

a permanent workman proportionately according to the

period of service rendered by him even if, his period of

employment does not extend to the qualifying period of

employment required in the statute',;

(ii) in paragraph 13, for sub-paragraph (2), the following

sub-paragraph shall be substituted, namely:–

“(2) Subject to the provisions of the Industrial Disputes Act, 1947

(14 of 1947),–

(i) no notice of termination of employment shall be necessary in

the case of temporary workman whether monthly rated, weekly

rated or piece rated and probationers or badli workmen; and

(ii) no workman employed on fixed term employment basis as a

result of non-renewal of contract or employment or on the

expiry of such contract period without it being renewed, shall

be entitled to any notice or pay in lieu thereof, if, his services

are terminated:

Provided that the services of a temporary workman shall not be

terminated as a punishment unless he has been given an opportunity of explaining

the charges of misconduct alleged against him in the matter prescribed in

paragraph 14.";

(d) (i) in Schedule 1A, in paragraph 3,–

(A) in sub-paragraph (a), after item (iii), the following item shall

be inserted, namely:- "(iiia) fixed term employment;";

.(B) after sub-paragraph (d), the following sub-paragraph shall be

inserted, namely:–

“(da) A "fixed term employment" workman is a workman who has

been engaged on the basis of a written contract of

employment for a fixed period:

Provided that–

(a) his hours of work, wages, allowances and other benefits shall

not be less than that of a permanent workman;

426

LA GAZETTE DE L’ETAT

[ PART-I

426

(b) he shall be eligible for all statutory benefits available to a

permanent workman proportionately according to the period of service

rendered by him even if, his period of employment does not extend to

the qualifying period of employment required in the statute.';

(ii) 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),–

(i) no notice of termination of employment shall be

necessary in the case of temporary and badli

workmen;and

(ii) no workman employed on fixed term employment basis

as a result of non-renewal of contract or employment or

on the expiry of such contract period without it being

renewed, shall be entitled to any notice or pay in lieu

thereof, if, his services are terminated:

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.”.

[F. No. S-12011/1/2016-IR(PL)]

KALPANA RAJSINGHOT,

Joint Secretary.

————

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday