Seventh Semester

LLB Paper Code: LLB 401

Subject: Labour Law-I
Unit 2: Industrial Employment (standing orders) Act, 1946
MCQ Sample questions

1. In which year was the Industrial Employment (standing orders) Act, 1946
amended to give the power to the certifying officer to check the fairness and
reasonableness of standing orders?

a. 1954

b. 1956

c. 1960

d. 1947

Ans: 1956

2. Who drafts the standing orders?

a. Employer

b. Trade Union

c. Certifying officer

d. Appropriate government

Ans: Employer

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3. Which section under the Industrial (Employment) Standing orders Act, 1946
talks about the conditions for certification of standing orders?
a. Section 3

b. Section 4

c. Section 5

d. Section 6

Ans: Section 4

4. Which section under the Industrial (Employment) Standing orders Act, 1946
provides for the appeal from the order of certifying officer?
a. Section 3

b. Section 4

c. Section 5

d. Section 6

Ans: Section 6

5. What is the limitation period for filing appeals against the order of the
certifying officer?

a. 30 days

b. 60 days

c. 15 days

d. 20 days

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Ans: 30 days

6. The certifying officer has _______________________ functions also.

a. Administrative only

b. Adjudicatory only

c. Both administrative and adjudicatory functions

d. None of the above

Ans: Both administrative and adjudicatory functions

7. Which is the competent forum to adjudicate on any question arises as to the

application or interpretation of a standing order certified under the Industrial
Employment (standing orders) Act, 1946?

a. Labour court

b. Certifying officer

c. Appellate authority

d. Labour commissioner

Ans: Labour court

8. What is the date of operation of standing order when an appeal is preferred,

and the appellate authority makes an order?

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 a. on the expiry of 10 days days from the date on which authenticated
copies thereof are sent

b. on the expiry of 30 days from the date on which authenticated copies

thereof are sent

c. on the expiry of 15 days from the date on which authenticated copies

thereof are sent

d. on the expiry of 20 days from the date on which authenticated copies

thereof are sent

Ans: on the expiry of 30 days from the date on which authenticated copies thereof
are sent

9. Which section of the Industrial Employment (standing orders) Act, 1946

provides for the powers of the certifying officer?

a. Section 10

b. Section 11

c. Section 9

d. Section 3

Ans: Section 11

10.Which section defines standing orders?

a. Section 2(h)

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 b. Section 2(g)

c. Section 2(a)

d. Section 2(f)

Ans: Section 2(g)

11. The minimum rate of subsistence allowance in case of suspension pending

enquiry has been given under which of the following legislations?

(a) Industrial Disputes Act, 1947

(b) Trade Union Act, 1926

(c) Industrial Employment (Standing Orders) Act, 1946

(d) None of the above,

Ans: Industrial Employment (Standing Orders) Act, 1946

13. Which of the following statements is not true regarding Industrial

Employment(Standing Orders) Act, 1946?
(a) Within 6 months from the date of application of the Act, the employer shall
submit to the Certifying Officer 5 copies of the draft standing orders.
(b) There is a schedule which sets out the matters to be incorporated in the standing
orders.

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(c) There is no provision to refer the draft standing orders to the Unions/Workmen
by the Certifying Officer.
(d) Certifying Officers and appellate authorities shall have powers of Civil Courts.

Ans: There is no provision to refer the draft standing orders to the

Unions/Workmen by the Certifying Officer.

14 . Draft standing orders are to be submitted within

(a) Two years from the date on which the Act is applicable in five copies.
(b) One year from the date on which the Act is applicable in five copies
(c) Six months from the date on which the Act is applicable in five copies
(d) Six months from the date on which the act is applicable in ten copies

Ans: Six months from the date on which the Act is applicable in five copies

15. Which act requires employers in industrial establishments to define the

conditions of employment?
(a) The Factories Act, 1948
(b) The Industrial Disputes Act, 1947
(c) The Industrial Employment (standing orders) Act, 1946
(d) The Trade Union Act, 1926
Ans: The Industrial Employment (standing orders) Act, 1946

16.The Industrial Employment (standing orders) Act, 1946 applies to every

establishment employing
(a) 100 workmen

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(b) 150 workmen
(c) 150 workmen on any day preceding 12 months
(d) 100 workmen on any day preceding 12 months and the government can order
by application to establishments employing less than 100.

Ans: 100 workmen on any day preceding 12 months and the government can order
by application to establishments employing less than 100

17. The provision relating to suspension has been made under which of the
following legislations?
(a) Industrial Disputes Act
(b) Trade Union Act
(c) Industrial Employment (Standing Orders) Act
(d) None of the above

Ans: Industrial Employment (Standing Orders) Act

18.Which of the following amendments of Industrial Employment (standing order)

Act provided for payment of subsistence allowance by the employer to a
suspended employee pending enquiry against him?
(a) Industrial Employment (standing order) Amendment Act, 1956
(b) Industrial Employment (standing order) Amendment Act, 1963
(c) Industrial Employment (standing order) Amendment Act, 1982
(d) Industrial Employment (standing order) Amendment Act, 1961
Ans: Industrial Employment (standing order) Amendment Act, 1982

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19. Arrange the following steps of disciplinary procedure in the order in which
they are used:
(a) Dismissal and discharge
(b) Show-cause notice
(c) Domestic enquiry
(d) Serving of charge sheet
(e) Submission of the report

(a) b, d, c, e, a
(b) b, e, c, d, a
(c) c, d, b, e, a
(d) d, b, c, e, a

Ans: b,d,c,e,a

20.  The copies of the certified standing orders authenticated in the prescribed
manner may be send to ------- by  the Certifying officer within 7 days.
(a) the employer
(b) the trade union
(c) other prescribed representatives of the workmen
(d) All the above

Ans: all of the above

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21. .A copy of all standing orders as finally certified under this Act shall be filed
by the Certifying Officer in a register in the prescribed form maintained for the
purpose, and the Certifying Officer shall furnish a copy thereof to any person
applying:
(a) through employer
(b) through court
(c) on free of cost
(d) on payment of the prescribed fee.

Ans: on payment of the prescribed fee.

22. Standing orders finally certified under this Act shall not be liable to
modification, except on agreement between the employer and the workmen until
the expiry of --------- months from the date on which the standing orders or the last
modifications thereof came into operation.
(a) 6 months
(b) 3 months
(c) 12 months
(d) 9 months

Ans: 6 months

23. If any workman is suspended by the employer, the employer shall pay to such
workman subsistence allowance at the rate of ----------- percent of the wages which
the workman was entitled to immediately preceding the date of such suspension,
for the first ninety days of suspension

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(a)75%
(b)50%
(c)60%
(d) 70%

Ans: 50 %

24. An employer who fails to submit draft standing orders as required by Sec. 3, or
who modifies his standing orders otherwise than in accordance with Sec. 10, shall
be punishable with fine which may extend torupees
(a)Rs.1000/-
(b)Rs.10000/-
(c)Rs.5000/- 
(d) Rs.2500/-

Ans: 5000 rupees

25. An employer who does any act in contravention of the standing orders finally
certified under this Act for his industrial establishment shall be punishable with
fine which may extend to -------- rupees, and in the case of a continuing offence
with a further fine which may extend to ---------- rupees for every day after the first
during which the offence continues.
(a) Rs.100/- & Rs.25/- respectively
(b) Rs. 500/- & Rs.100/- respectively
(c) Rs,1000/- & Rs.100/- respectively
(d) Rs.100/- & Rs.50/- respectively

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Ans: Rs.100/- & Rs.25/- respectively

26. No prosecution for an offence punishable under -------- section shall be

instituted except with the previous sanction of the appropriate Government.
(a) Section 12
(b) Section 13
(c) Section 10
(d) Section 11

Ans: Section 13

27. No Court inferior to that of ------------ shall try any offence under section 13.
(a) High Court
(b) Supreme Court
(c) Judicial Magistrate of the second class
(d) None of the above

Ans: Judicial Magistrate of the second class

28. Who have the power to exempt conditionally or unconditionally, any industrial
establishment or class of industrial establishment from all or any of the provisions
of this Act.
(a) The appropriate Government by notification in the official Gazette
(b) Supreme Court

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(c) High Court
(d) Labour Courts constituted under the Industrial Disputes Act, 1947

Ans: The appropriate Government by notification in the official Gazette

29. Nothing in Industrial Employment standing Order Act shall apply to.
(a) Any industry to which the provisions of Chapter VII of the Bombay Industrial
Relations Act, 1946 (Bombay Act II of 1947) apply
(b) Any Industrial establishment to which the provisions of the Madhya Pradesh
Industrial Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of
1961 apply
(c) Both (a) & (b)
(d) None of the above

Ans: Both (a) & (b)

30. Which section states that 'the draft standing orders submitted under this section
shall be, accompanied by a statement giving prescribed particulars of the workmen
employed in the industrial establishment including the name of the trade union, if
any, to which they belong'
(a) Section 3(1)
(b) Section 3(2)
(c) Section 3(3)
(d) Section 3(4)

Ans: Section3 (3)

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31. The objections, which the workmen may desire to make to the draft standing
orders to be submitted to the Certifying Officer within --------- days from the
receipt of draft standing order from the Certifying Officer.
(a) 12 days
(b) 30 days
(c) 9 days
(d) 15 days

Ans: 15 days

32. Which section states that 'certifying officer and appellate have the powers of
Civil Court'
(a) Section 11
(b) Section 10
(c) Section 9
(d) Section 12

Ans: Section 11

33. Which section deals with register of Standing Orders

(a) Section 7
(b) Section 9
(c) Section 8
(d) Section 11

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Ans: Section 8

34. Which section deals with temporary application of Model Standing Orders
(a) Section 12A
(b) Section 13
(c) Section 11
(d) Section 10

Ans: Section 12A

35. Which section deals with penalties and procedure

(a) Section 11
(b) Section 13
(c) Section 12
(d) Section 9

Ans: Section 13

36. Which Section states about the industrial establishments where this act not
applicable
(a) Section 11
(b) Section 12
(c) Section 13B
(d) Section 10

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Ans; Section 13 B

37. An authority who is appointed by the appropriate government by

notification in the official Gazette to exercise in such area as may be specified?

a. Appellate Authority
b. Certifying officer
c. Acting officer
d. None of the above

Ans: Appellate authority

38.  In which language is the text of the standing orders posted on the notice
boards?

a. English or that is understood by majority of the workmen

b. Only English
c. Language as understood by the workmen
d. None of the above

Ans; English or that is understood by majority of the workmen

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39. How many copies have to be submitted to the certifying officer while
making any modifications in the standing orders?

a. 10
b. 4
c. 5
d. 2

Ans: 5 copies

40. A certifying officer can be

A .labour commissioner
b. regional labour commissioner
c. any officer as appointed by the Government
d. all of the above

Ans: all of the above

41. Who can apply for modification of standing orders?

a. Employer
b. employee
c. trade union.
d. all of the above

Ans: all of the above

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42. Standing orders shall be certifiable under the Industrial (employment) standing
orders Act if—
(a) provision is made therein for every matter set out in the Schedule which is
applicable to the
industrial establishment, and
(b) the standing orders are otherwise in conformity with the provisions of this Act;
(c ) all of the above
(d) none of the above

Ans: all of the above

43. Appellate authority may

(a) modify the standing order
(b) confirm to the standing order
(c ) check the reasonable and fairness of standing orders
(d) all of the above

Ans: all of the above

43. Which of the following authorities under the Industrial (employment) standing
orders Act, 1946 has the powers of the civil court?
(a) Appellate authority
(b) certifying officer
(c ) both
(d ) no such procedure

Ans: Both

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44. Who has the power to make rules for the purposes of Industrial (Employment)
standing orders Act, 1946?
(a) Certifying officer
(b) appellate authority
(c ) appropriate Government
(d) none of the above

Ans: appropriate Government

45. In which case it was held “ "The terms of employment specified in the
Standing Order would prevail over the corresponding terms in the contract of
service in existence at the time of the enforcement of the Standing Order”.
(a) Bangalore water supply v A Rajappa, 1978 AIR 548, 1978 SCR (3) 207
(b) Western Indian Match Co. v. Workmen, AIR 1964 S.C. 1458
( c) Tirumala Tirupati Devasthanam vs Commissioner Of Labour, (1979) ILLJ 448
AP
(d) none of the above

Ans: Western Indian Match Co. v. Workmen, AIR 1964 S.C. 1458

46. In which case , it was held that ”the standing orders cannot be delegated
legislation.”

(a) RSRTC v Deen Dayal Sharma, AIR 2010 SC 2662

(b) Cricket Club of India-v-Bombay Labour union AIR 1969 SC 276
(c) ) Western Indian Match Co. v. Workmen, AIR 1964 S.C. 1458

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 (d) None of the above
Ans: RSRTC v Deen Dayal Sharma, AIR 2010 SC 2662

47. Appellate authority sends copies of draft standing order to

(a) Certifying officer
(b) Employer
(c ) Trade union
(d ) all of the above

Ans: all of the above

48. Standing orders are posted in

(a) On special boards to be maintained for the purpose at or
(b)Near the entrance through which the majority of the workmen enter the
industrial establishment
(c ) And in all departments thereof where the workmen are employed.
(d ) all of the above

Ans; all of the above

49. Which section provides for making of rules in the Industrial (Employment)
Standing orders Act, 1946
(a)Section12
(b)Section10
©Section13
(e) Section15

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 Ans: section 15

50. Which section provides for penalties and procedure under the Industrial
(Employment) Standing orders Act, 1946?
(a) Section 13
(b) Section 10
© Section11
(d ) Section 5

Ans: Section 13

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