Industrial Employment Act

THE INDUSTRIAL EMPLOYMENT ACT [STANDING ORDERS], 1946. 1 Standing orders: set of orders and regulations (Do’s and Don’ts) Scope: It extends the whole of India. It applies to every industrial establishment wherein 100 or more workmen are employed. Special features: •

The employer of every industrial establishment has to frame, draft standing orders, and to submit them to the certifying officer who is generally labour commissioner or certifying officer. (Dispute: untrust out of conflicting interests).

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Definition of workmen includes supervisory technical personnel.

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The certifying officer has the power to modify or add to the draft standing orders before certification.

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A group of employees of similar industrial establishment may submit joint standing orders.

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Government may make model standing orders for the purpose of this Act. Draft standing orders framed by employer should be as far as practicable, in conformity with model standing orders.

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The Act normally applies to every industrial establishment wherein 100 or more workmen are employed.

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The certifying officer and Appellate Authorities shall have all powers of Civil Court.

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(Appellate Authority: to take evidence under oath).

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The employers can be penalized for failure to submit draft standing order for certification.

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The appropriate government may exempt any establishment from any prohibitions from this Act’s Gazette notification.

Procedure for notification: (u/s 3) 1. Employer of the industrial establishment is required to submit to the Certifying Officer, 5 copies of draft standing orders along with particular of workmen employed and name of the trade union, if any. 2. A group of employers in similar industrial establishment may submit a joint draft standing order.

2 3. Draft standing order as far as practical should be in conformity (similarity) with standing orders. 4. On receipt of draft the certifying officer shall forward a copy to the Trade Union, requiring objections to be submitted within 15 days from the receipt of notice. 5. After giving employer and the trade union or such other representative workmen and opportunity of being heard, the certifying officer shall decide whether or not any modification / addition to the draft are necessary. After making necessary changes the Certifying Officer shall make an order. 6. Before doing so, the Certifying Officer shall ensure that all items in the Schedule are in conformity with model standing orders. 7. The Certifying Officer shall thereupon certify the draft standing orders after making the necessary modifications and shall send within 7 days, copies of the Certified Standing Orders authenticated in the prescribed manner along with his order to the employer and the trade union or other representative of the workmen. Section 11 of the Act, standing orders shall be satisfiable. a.

In the draft provision, it is made for every matter stated in the schedule to the Act, which is applicable to industrial establishment.

b. The draft is otherwise in conformity with the provisions of the Act. c. The Certifying Officer and Appellate have powers of civil court. i.

Every Certifying Officer and Appellate authority shall have all the powers of civil court, for the purpose of receiving evidence administering oath, enforcing attendance of witness and compiling production of documents.

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Clerical and arithmetical mistakes in any order passed by certifying be corrected by that office or authority.

APPEAL 1. Any employer trade union or representative of workmen aggrieved by order of the Certifying Officer may within 30 days from the date which copies are sent appeal to the appellate authority whose decision shall be final, shall by order in writing, confirm the standing without any change / amendment or after amending the standing orders by making modifications to make the standing orders certifiable.

3 2. The appellate authority shall within7 days send the order to the certifying officer to the employer and to the trade union or representatives of workmen with copies of standing order as certified of authenticated by him. The appellate authority has no power to set aside (reject) the order of Certifying Officer. It can confirm or amend the standing orders.

DATE OF OPERATION OF STANDING ORDERS: (Section 7) Standing orders will unless an appeal is given, come into operation on expiry of 30 days and where appeal is given on expiry of 7 days. After standing order comes into operation it is binding upon employer and his employees, presently employed or those who are going to be employed subsequently in the establishment. It is not open for employer and workmen to contract themselves in respect of standing orders. Register of Standing orders: (u/s 8) Copy of standing orders finally certified shall be filed by Certifying Officer in a register in a prescribed form maintained for the purpose. The Certifying officer shall furnish shall furnish a copy thereof to any person applying therefore on payment of the prescribed fees. Posting of Standing Orders (u/s 9) The text of standard orders shall be passed by the employer in English and in language understood by majority of workmen on special boards to be maintained for this purpose at the entrance through which majority workmen enter the industrial establishment and in all departments thereof where workmen are employed. Duration and modification of Standing Orders (u/s 10) 1. SD finally certified under this Act shall not accept on agreement between employer of workmen be liable to modification until expiry of 6 months. 2. An employer or workman or trade union or representatives of workmen may apply to CO to have so modified of such application shall be accompanied by 5 copies of modifications and where modifications are proposed by agreement between workmen of trade union, a certified copy of that agreement shall be filed with that application.

4 Home tutorial: procedure of certifying of standing orders (u/s 3) Payment of Subsistence Allowance (u/s 10A) In Section 10A under Amendment Act, 1982, makes provision for payment by an employer to a workman who has been suspended pending inquiry or investigation into complaints, subsistence allowance as under : a. 50 percent of the wages which the workman is entitled for the first 90 days. b. 75% for remaining period. Any dispute registered subsistence allowance will be referred to labour court. Legal effects of standing order: Once standing order comes into operation they have certain legal effects. SO have a mandatory force under the Act. It is binding on both employers and employees who are presently employed and those who shall be employed subsequently. Penalty and Procedures : 1. An employer who fails to submit DSO (u/s 13) who modified SO except u/ 10 shall be punishable with fine which may extend to Rs. 5000/- and in case of continuing offense, an additional fine which may extend to Rs. 200 per day. 2. An employer who contravenes (act against) the SO is finally certified shall be punishable with a fine up to Rs. 100 and in case of continuing offence Rs. 25 per day. 3. All prosecution for an offense should have sanction of appropriate Government. 4. Presidency Magistrate or Magistrate of Second class or above try any offence under this section.