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Industrial Employment Standing Order Act 1946
Industrial Employment Standing Order Act 1946
Section 1 of the Act provides that the Act shall apply to the industrial establishments (within
India) with an engagement of more than a hundred workmen at present or as noted on any day in
the preceding year unless provided by the appropriate Government for application to any such
industrial establishment – with less than a hundred employees.
Section 1(4) excludes those establishments to which Chapter VII of the BIRA or
MPIESOA applies unless controlled by the Central Government.
Section 13-B excludes those establishments whose workmen are subject to the
Fundamental & Supplementary Rules; various Civil Services Rules; or any other rules
provided by the ‘appropriate Government’.
The provisions of Sections 10 and 12-A(1) do not apply to the establishments under the
control of the States of Gujarat/Maharashtra.
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:
In this case, the Hon’ble Karnataka High Court held that, as long as the Standing Orders fall
within the Schedule to the Act, irrespective of the fact that they contain additional provisions
which are not accounted for in the MSOs, the Standing Orders would not be deemed to be
invalid or ultra vires of the Act. The MSOs only serve as a model for framing the Standing
Orders.
In the present case, the issue relating to the ‘transfer of workmen’ was highlighted by concurring
that, the Manager is vested with the discretion of transfer of workmen amongst different
departments of the same company, so far as the terms of the contract of employment are not
affected. Further, if the transfer is found to be valid, the onus of proving it to be invalid lies on
the workmen in dispute.
The Certifying Officer to send a copy of the Draft Standing Order to the workmen or
trade union, along with a notice calling for objections, that shall be submitted to him
within 15 days of receiving such notice.
Upon receipt of such objections, the employer and workmen to be given an opportunity
of being heard, after which the Certifying Officer shall decide and pass an order for
modification of the Standing Order.
Finally, the Certifying Officer shall certify such Standing Order, and thereby, within
seven days, send a copy of it annexed with his order for modification passed under
Section 5(2).
Appeals: Section 6
Any related party aggrieved by the order of the Certifying Officer may appeal to the ‘appellate
authority’ within 30 days, provided that its decision, of confirming such Standing Order or
amending it, shall be final. The appellate authority shall thereafter send copies of the Standing
Order, if amended, to the related parties within seven days.
Additional matters to be included in the Schedule & the procedure for modification;
Set out MSOs;
Procedure to be followed by Certifying Officers & appellate authorities;
The fee to be charged for the copies of registered standing orders, and any other matter so
prescribed.
Provided that the rules made by the Central Government be passed/annulled through each House
of Parliament without prejudice to the validity of anything done under it.
Conclusion
The Act is a regulatory regime to formally define the employment relations between the
workmen/trade union and the employer. A very prominent initiative of this Act is the concept of
‘standing orders’ which is amorphous in nature being a contract promulgated statutorily, that
represent the will of the parties so regulated. Finally, it may be stated that, though it lays an
exemplary notion, it requires thorough reforms in respect of the present scenario of employment
practised by the principal employer so as to fulfil the Constitutional objective of securing socio-
economic justice substantially.