Initially before passing of the Act they are bound by Agreement between employer and workman. The employer used to recruit different workmen by laying down his terms and conditions. Contract of employment of a workman is different from the contract of another workman. Workman was poor in society and they were exploited fully.

When the employer has his own freedom, he used to treat different workman differently. To curtail this action this enactment passed.

The main objective is it imposes obligation on employer to specify the definite terms of contract and conditions of employment of each workman.

This Act was passed in 1946 by central government

Every condition of the employment should be or shall be made known to the workman.

The major objective of this Act it deals with conditions of service of the employment

Major purpose is to regulate the conditions of service of the employment by employer specially in connection with recruitment, discharge or dismissal, disciplinary actions leave with wages.

 

Application of the Act

Acts make clear both the parties (employer and workman)

This Act is applicable to every state except Jammu and Kashmir throughout the India.

This Act is applicable to all the industries wherein minimum 100 workmen been employed in an industry

Industries to which this Act is not Applicable

Sec- 13(B) Act mot apply to certain industrial establishment

 

Any industrial establishment for which following rule are applicable: –

1. Fundamental and supplementary rules
2. Civil service rules (state government employees) classification control service temporary service rules
3. Civil service temporary service rules
4. Civil service regulations
5. Civilians defence service rules
6. Indian railway establishment code any other rules and regulations notified by the appropriate Government

If any industry are following the rules they are exempted from this Application 1946

This rule is not applicable to any industrial establishment which is run by a private management.

Appropriate Government 2(b)

Central Government is deemed to be the Appropriate Government for following

1. Any industry which is under the control of central government
2. Railway administration
3. Major port mine or oil filed

Only for these industries central government is appropriate government. in all other cases state government is Appropriate government.

2(C): – certifying officer

1. Labor commissioner
2. Regional labor commissioner
3. Any other officer appointed by the appropriate government as a certifying officer.

 

Sec 2(g): – Standing order: –

Standing order is set of rules specified in this schedule of the act. It was enacted to prevent exploitation of the workman. Employer used to give his own conditions

Within the schedule they have specified certain rules or subject matter of the specified set of rules are 

1.  Classification of workman (whether he is a temporary or permanent, Badli workman)
2. Working hours, holidays as well as wage rates
3. Shift working
4. Attendance and late coming 
5. Procedure in applying leave and holidays 
6. Requirement to enter premises by certain or specific gates and liability to search
7. Closing and opening up industrial establishment
8. Termination of employment and procedure for serving the notice
9. Suspension or dismissal for misconduct or any act or omission
10. Remedies available for a workman in case of unfair labor practices
11. Any other matter which may be prescribed.

 

Sec – (3) Submission of draft standing orders

Which is nothing but standing order before approval is draft standing order

3(1): – every existing industry at the time of passing this enactment within a span of 6 months from the date on passing of which the enactment was passed they have to draft of a standing order and that must be submit it to certifying officer

3(2):- the draft standing order should consist of or in connection with every subject matter specified in the schedule of the Act

Model standing order – in case if the employer has made model standing order so that MSO should be in conformity with that of draft standing order

3(3): – draft so shall be accompanied by a statement giving all the particulars of all the workmen who have been employed in an industrial establishment and should be submit to certifying officer

3(4): – in case of more than one employer they should submit joint standing order (in case of group of employers)

 

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

What are all the conditions to be fulfilled to get certification 

1. Certifying officer will verify whether the provision has made by employer for all the subject matter mentioned in the schedule
2. Standing order should also in conformity with the provision of this Act
3. 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

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

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

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.

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

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

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

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

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

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

 

Sec (6): – Appeals

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

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

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

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

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

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

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

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

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

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

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

Posting means displaying

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.

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

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

If some modification is required to modify what is the duration 

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

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

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 

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

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

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

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

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

Penalty is 5000 rupees employer is liable to pay 5000 

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

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

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

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.

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

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.A 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 soci_economic justice in an industry. 

 

Author:

Malyala Sahithi