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Employees Standing order ACT 1946
Employees Standing order ACT 1946
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MODEL ACT
The act is intended to operateas a model stamding order for the matters enumerated in Schedule I.They are,
SEC2
D.S.O should provide for condition set out in schedule which is applicable to industrial estd
D.S.O should conform with the provision of the act under sec 4
D.S.O should provide for particulars of workmen –Permanent ,temporary ,apprentice,probationers or badli ,name of trade union to
which workmen belongs to(as under rule 5)
D.S.O if found impracticableto be in conformity with the model the cerfying officer ,certify inspite of disparity provided it is in
conformity with provision under sec 4 of the act
The jurisdiction of the certifying officer /appellate authority is to see that D.S.O prepared by employer are certifiable and make such
modification/addition necessary to render draft to be certifiable under the act
C. DUTIES OF CERTIFYING OFFICER SEC 5
On receipt of D.S.O the certifying authority shall fwd a copy of it to trade union along with notice in Form II/ if no tade union to the meeting of
workmen to elect 3 representatives to whom such D.S.O sent with notice.
1. In conformity with model act
2. In conformity with provision of the act
3. Fair and reasonable.
4. Require performance of duty even when employees given their consent to standing order /even if they are absent
5. If deviation any from model standing order, its open to certifying officer to enquire the reasonableness and certify.
The certified standing order shall come into operation on expiry of 30 days on which the authenticated copies are sent to the employer and the
trade unions or the representatives of the workmen.If an appeal is preferred then standing order will be operative on the expiry of 7 days from
the date on which the copies of order of appellate authority are sent to certifying officer the employer and the trade unions or the
representatives of the workmen.
Guest Keen Wiliams Ltd Vs P.J.Sterlling
In case of dispute arising out of the order it shall be referred to the tribunal an dit has jurisdiction to deal with it .
i. The Act requires the certifyimg officer to file copies of all certified standing orders ina register in the prescribed form maintained for
that purpose .
ii. As per rule 8 the register to file certified standing order shall be in form III and shall be properly bound.
iii. The Certifying officer shall furnish a copy of such register on payment of prescribed fee
1. The text of standing order as finally certified shall be prominently posted by the employer in English and in language understood by
the majority of his workmen on special board tobe maintaijned for that purpose at or near the entrance through which the majority of
workman enter the industrial establishment.
2. This enables direct knowledge and communication about the service and employment
3. The above rule is mandatory not directory .
4. The tribunal will take into consideration the disply while taking appln of employer
5. But noncompliance with the provision under this sec will not make the S.O.ineffective
Salem Erode Electricity Distribution Company Vs.The workmen; K.A.Abraham Vs.G.M.Bhilai Steel Plant
Company :employee joining after 1/10/60 entitled to less leaves than employees already in service .company filed draft S.O for
certification.Labour union opposed this .The certifying officer proposed that changes would be unfair, unreasonable and discriminate.It was
taken to S.Cwhere it was held two set of standing order will create confusion and discontent among workersand it may further duplicate the
standing order.
FOR DIFFERENT CATEGORY OF EMPLOYEES – DIFFERENT STANDING ORDER IN SAME ESTD
Indian Iron And Steel Co Vs.Industrial Tribunal ; Agra Electric Co Vs SriAlladin (uniform)
Inrespect of ech estd there can’t be more than one set of standing order .But if the certified standing order are meant only for one category of
workmen then there can be no difficulty in having another set of standing order for another category .1- related to daily rated workmen , other-
monthly rated workmen
The standing order certified under sec 6 shall be final i.e no further appeal /revision against that order and futher sec 6 R/W sec 12
finality given to the certification by the appellate authority is against challenge in the civil court .
Thus sec 10(i)does not permit any change to the existing certified standing order before expiry of 6months after certification or the
last modification unless both the parties consent such an amendment.
The finality of standing order is subject to right to apply for modification under sec 10(ii).
B4 1956 Amendment :employer alone can make appln for modification of the standing order to certifying officer .During which the
workman may raise industrial dispute to modify the existing order.
After 1956 Amendment : employer / workmen can make appln for modification of the standing order to certifying officer.
i. Employer and the union or the representative body of the workmen can apply for modification of existing standing order after expiry
of six mon from date of certification /last modification.
ii. The application must be accompanied by 5 copies of proposed modification
iii. If the proposed modification are by the virtue of an agreement between the employer and workmen , then a certified copy of the
agreement shall be filled along with application.
iv. The procedure contemplated under section 3,4,5,6, regarding the certification of standing order should be followed in the case of
modification as well.
CONDITION FOR MODIFICATION OF STANDING ORDER
An appln for modification shall be made where
1. A change of circumstances has occurred
2. Experience of the working of the standing orders last certified results any inconvienience , hardship or anomaly etc
3. Some fact was lost sight at the time of certification
4. The applicant feels that the modification will be more beneficial
s.s. light co Vs.workers union
It was held that change of circumstances are not necessary for modifying standing order.The contention that thechange of circumstances is a
condition precedent to maintain an application under sec 10(ii) or that an application for modification without proof of such change of
circumstances was not accepted by the court .
Since the act is a beneficial legislation and therefore unless compelled by any words the court will not be justified to give restrictive
interpretation to sec 10 of the act .The policy of sec 10 is clear that modification should not be allowed with in 6 mon standing order or last
modification came into operation.The object is to provide time limit tofind whether the S.O Or their modification allowed to work for
sufficiently long time to see whether they work properly or not .
SEC 12:No oral evidence.-which have the effect of varying / modifying the standing order as finally certified shall be admitted in any court
Question as to the interpretationj /application of the Certified Standing Order may be referred to the labour court be employer /workmen .The
labour court is set up by the appropriate govt for this purpose.The labour court is require to conduct enquiry aftergiving opportunity and
hearing to parties and take decision and such decision is final and binding on parties.
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PENALTIES
Person fail to submit Draft Standing Order under sec 3 – }Rs.5000 ; Rs 200 for offence continued every day
Person who modified the stnding order contravening provision of sec10
SEC 13(2) Person contravening certified standing order of his estd } Rs100 ; Rs.25 for offence continued every day.
SEC 13(3) For every prosecution of offence under this provision the sanction of appropriate govt is compulsory.
SEC 13(4) NO court inferior to that of presidency magistrate or magistrate of 2nd class can try any offence under this sec.
Aboo Mohd Vs .State Of Bihar
Employer failed to furnish wage slip to workmen as required under clause 14 of standing order of the estd.IT was held that employer could not
be punished for breach of standing order under section even though it is not a matter enumerated in the schedule of the act
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SEC 14-A- DELEGEATION OF POWER
i. To prescribe addl matters to be included in th schedule and that procedure to be followed in modifying standing order s
ii. Et out model standing orders for purpose of this act
iii. Prescribe procedure of crtifying officer and appellate authority
iv. Prescribe fee that may be charged for copies of standing order enterd in register of standing orders
v. Provide any other matter that may be prescribed
SEC 15-proviso –before framing any rules the representative of both employer and workmen shall be consulted by appropriate govt
under clause 3 where rules made by central and state govt are laid b4 parliament and state legislature fo total 30 days