Industrial Employment (Standing orders) Act, 1946

Introduction

w  The act provides protection to the workmen with regard to conditions of  employment.

• To bring harmonious relation between employers and workmen

w  The preamble of the act says that objective of the act is to require employers to   define working conditions and to make these conditions known to the workmen

• Accordingly uniform standing orders have to be provided for these related

matters

Standing orders

Section 2(g) of the Act states that “standing orders” are the rules relating to matters set out in the Schedule, i.e. with reference to:

• The classification of workmen;
• Manner of intimation to workers about work and wage-related details;
• Attendance, and conditions of granting leaves, etc.;
• Rights & liabilities of the employer/ workmen in certain circumstances;
• Conditions of ‘termination of’/‘suspension from’ employment; and
• Means of redressal for workmen, or any other matter.

 

• OBJECTIVE OF THE ACT

w  To define with sufficient precision, the principal conditions of employment in  industrial establishments and to make the said conditions known to workmen

• To regulate the standards of conduct of the employers and employees so that relations could be maintained

w  To maintain discipline, harmonious working conditions and achieve productivity

• To provide for redressal grievances

w  To specify the duties and responsibilities of both employers and employees

• To provide statutory sanctity and importance to the standing orders

COVERAGE OF THE ACT

w  Tramway service, motor transport

• Air transport(except military, Air force)

w  Dock wharf or jetty, inland transport

• Mine , quarry, oilfield

w  Plantation

• Workshop

w  Construction, water supply, power generation, t ransmission, distribution

w  Act does not cover civil services

DEFINITIONS

• Standing orders: rules relating to matters set out in schedule

 

 

• Certifying officer: a labor commissioner, officer appointed by government
• Appellate authority and industrial court: authority appointed by government to exercise powers of court
• Appropriate government: central government in case of railways, mine or oilfield and central government offices, in all other cases –state government

 

Sec (4): – condition for certification of standing order

w  What are all the conditions to be fulfilled to get certification

w  Certifying officer will verify whether the provision has made by employer for all the subject matter mentioned in the schedule

w  Standing order should also in conformity with the provision of this Act

w  Certifying officer have the authority to decide whether to grant the certification and he may also suggest for modification of the standing order in the form of addition of rules in the draft standing order and after it is fulfilled, he will certify.

 

Sec (5): – certification of standing order

w  When the draft standing order is submitted, he shall forward it a copy to trade union or workman representative.

w  If certifying order is satisfied by fulfilling all the conditions u/s -4 then it shall send to trade union or workman representative after certifying it will sent to trade union

w  Inviting objections as for the standing order is the purpose to send to workman representatives. They will have 15 days’ time to send objections from the date on which it is served to workman representative.

w  In case if the objectives are sent then certifying officer, he provides opportunities for both the employer and employee

w  After opportunity of being heard he will decide whether to grant or not and pass an order.

w  In case if he feels any modifications, he can suggest and certify it.

w  That certification order shall be sent within a span of 7 days after approval is given that order should be sent to trade union or workman representative

w  Once standing order is certified then condition of the service of employment of the workman,

w  Standing order will be bind on employees as well as employer it includes successors, legal heirs.

 

Sec (6): – Appeals

w  Any employer, trade union, representation of the workman who may be aggrieved by the order of certifying officer may make an appeal to the appellant authority within a span of 30 days from the date of certifying order is received by trade union

w  The decision of appellant authority shall be final binding on all the parties

w  Appellant authority has the power to modify or suggest for any additional information

w  The appellant authority shall send the final copy or order copy within a span of 7 days to the certifying officer

w  In case if the appellant authority suggests the modification, it shall send back copy along with draft standing order with the parties

w  Appellant authority has the power to modify on its own if it modifies then that copy shall send back to the parties.

 

Sec (7):- date of operation of standing order

w  Every certifying standing order shall come in to operation after the expiry of 30 days from the date of passing order

w  If no appeal is preferred from the date of expiry of 30 days it comes in to force

w  If any appeal is preferred after the expiry of 7 days it shall come in to operation from the date of appeal order is passed.

 

Sec (8):- register of standing order

w  A certified standing order shall be filed in a register maintained by the purpose or Act

w  At any time or any person may make an application to view the standing order by the certifying officer along with the prescribed fee.

 

Sec (9): – posting of standing orders

w  Posting means displaying

w  The certifying standing order shall be prominently displayed by the employer in a English language as well as local language which is understood by the majority of the workman.

w   He should maintain some special board wherein he should post the certified standing order

w  Copy of standing order shall be displayed or posted in all the departments where workmen are employed.

 

Sec (10): – Duration and modification of standing order

w  If some modification is required to modify what is the duration

w  If there is any agreement between the employee and worker it can be notify notice in the empire of 6months from the date on which it come into force or from the date of enforcement

w  In case if we need to modify earlier to the period he should take permission from the certifying officer the employer should make an application by sending application with notification standing order and get it approved by the certifying officer. They should attach 5 copies of proposed notified standing order and he should also attach copy of agreement between the employer and trade union.

 

 Sec (11): – power of certifying officer

w  Every certifying officer and appellant authority shall have all the powers of civil court for the purpose of this evidence as per sec – 345 and 346 of crpc to consider the certifying officer as civil court.

Sec 12(A): – temporary application of model standing order

w  The prescribed model standing order till they get the certification of standing order they should apply model standing order prescribed by the Act

w  This provision is not applicable to the temporary application of model standing order to the state of Gujarat and Maharashtra is a appropriate Government.

 

Sec -13 – penalties and procedures

w  It is mandatory on the part of every employer must make a standing order and get approved by the certifying officer.

w  In case if the employer fails to submit the draft standing order within the prescribed time limit then the employer may penalize.

w  If the notification of standing order is not as per the provision of sec (10) then that is also punishable.

w  Penalty is 5000 rupees employer is liable to pay 5000

w  In case of continuing offence for each day the additional 200/- per day should be paid by the employer

w  If the employer contravenes the provision of any of the standing order then he shall be punishable with fine 100 rupees and in case of continuing offence 25 rupees per each day

w  Any court which is not below the ranking of metropolitan magistrate or judicial magistrate of second class is having jurisdiction to entertain this case.

 

Sec -13(A) interpretation of standing order

w  When there is any dispute as to the obligation or interpretation to the standing order then that question may be preferred to any one of the labor court either by the employer or trade union or representative of workmen.

w  After receiving the application labor court shall give an opportunity for both the parties then decide the dispute.

w  Whatever the decision given by labor court shall be final or binding on the parties.

Conclusion:

This act administrates relation between employee and employer or workmen / trade union and the boss. An industry with 100 or more than 100 employees require certain rules and regulations to run such industry.

Standing orders can also be called as constitution of industries providing guidelines and rules for the better functioning of an industry.

Hence , standing orders fulfils the constitutional objective of securing socioeconomic justice in an industry.