October 29, 2020

PROCEDURE FOR OBTAINING CERTIFIED STANDING ORDER UNDER THE PROVISION OF THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT,1946

This Act applies to every industrial establishment wherein 100 or more workmen are employed or were employed on any day of the preceding twelve months. So, employers of industrial establishment engaging 100 or more workmen are required to obtain a certified standing order for their establishment. Provided that the appropriate Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification.

All the Deputy Labour Commissioners of the field and Joint Labour Commissioner, Headquarters are declared as Certifying Officers under the provision of this Act.

We can merely divide this procedure in two parts;

    • Submission Part: i.e. submission of draft of the Standing Orders to the office of the certifying officer
    • Certification Part: i.e. Certification of the Standing Orders by appropriate authority/ Authorities under the Act.
  • Submission Part:

Any establishment, within 6 months from the date on which this Act become applicable to the establishment, has to apply for certification of Standing Orders. The employer of the industrial establishment to which this Act applies has to submit five copies of draft standing order proposed by him for adoption to his industrial establishment to the Certifying Officer of the area for certification.

Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where model standing order have been prescribed, shall be, so far as is practicable, in conformity with such model.

The draft standing orders submitted under this section shall be accompanied by a statement giving the following particulars as prescribed under Act / Rules in prescribed form:-

    • Total number employed
    • Number of permanent workmen
    • Number of temporary workmen
    • Number of casual workmen
    • Number of the Badli or Substitutes
    • Number of Probationers
    • Number of Apprentices
    • Name of the trade unions, if any, to which the workmen belong

 

  • Certification Part:

On receipt of the draft standing order, the Certifying Officer shall forward a copy thereof to the trade union together with a notice in prescribed form where there is a trade union functioning in the industry. Where there is no such trade union, the Certifying Officer shall hold election of three representatives by the workmen from among themselves or authorize any officer in working to hold such election, and thereupon shall forward a copy of such notice in prescribed form.

Certifying Officer after hearing make necessary modification in the draft standing order if required and certify the same and shall within seven days thereafter send copies of the standing order authenticated by him to the employer and to the trade union or the prescribed representatives of the workmen.

Any employer, workmen, trade union or other prescribed representatives of any workman aggrieved by the order of the Certifying Officer may within thirty days from the date on which copies of the certified standing orders are sent shall submit a memorandum of appeal setting out the grounds of appeal in prescribed form in quadruplicate appeal to the Appellate Authority. The Appellate Authority shall, after giving the appellant an opportunity of being heard shall pass final order on the appeal petition and his decisions shall be final.

Mostly, The District and Session Judges are declared as the Appellate Authority under the Act within their respective jurisdiction.

Standing orders shall come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent to all the concerned parties. Standing order should be displayed in English and local language on special notice boards at or the near entrance of the establishment. Once the ‘Standing Orders’ are certified, they supersede any term and condition of employment, contained in the appointment letter. Standing orders are binding on employer and employee. These are statutorily imposed conditions of service.

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