Shilpi Kulshrestha

Contact Number- 9910005028

WHAT IS STANDING ORDER

These are the Service Conditions or Service Rules for employees.

The object of this Act is to make it mandatory for employers in
Industrial Establishments to formally define conditions of
employment.
Before this Act, there was no law to prevent the employer from
having different contracts of employment with workmen that led to
confusion and discriminatory treatment.
Before this Act, unfair labour practices were quite frequent. The
industrial worker had no right to know the terms and conditions and
rules of discipline of his employment.

APPLICABILITY AND SCOPE

The Act applies to every industrial establishment wherein one hundred
or more workmen are employed, or were employed on any day of
preceding twelve months.
Here Industrial Establishment means:
(a) an industrial establishment as defined in clause (ii) of Section 2 of
the Payment, of Wages Act which defines "industrial establishment"
to mean any:
i) tramway service or motor transport service engaged in carrying
passenger, goods or both by road for hire or reward.
ii) air transport service other than such service belonging to, or
exclusively employed in the Military, Naval or Air Forces of the Union or
Civil Aviation, department of the Government of Indiaiii) Dock wharf or Jetty;
iv) inland vessel, mechanically propelled
v) mine, quarry or oil field;

vi) plantation;
vii) workshop or other establishment in which articles are
produced adapted or manufactured with a view to their use, to
transport and sales;
viii) establishment in which any work relating to construction
development or maintenance of buildings, roads, bridges or
canals, or relating to operations connected with navigation,
irrigation or the supply of water or relating to the generation,
transmission and distribution of electricity or any other form of
power is being carried on.
ix) Industrial and any other establishments as mentioned u/s 2(ii)
of Payment of Wages Act. 136., as defined in Clause (ii) of
Section 2 of the Payment of Wages Act, 1963; or
a factory as defined in Clause (m) of Section 2 of the Factories
Act, 1948 or;
a railway as defined in Clause (4) of Section 2 of the. Indian
Railways Act 1890; or

MATTERS TO BE PROVIDED IN STANDING

ORDERS UNDER THIS ACT
Classification of workman e.g. whether permanent, temporary,
apprentice, probationer, or badlis.
Manner of intimating to workmen periods and hours of work, holidays,
paydays and wage rates.
Shift working.
Attendance and late coming.
Conditions of, procedure in applying for, and the authority which may
grant, leave and holidays.
Requirement to enter premises by certain gates, and liability to search.
Closing and re-opening of sections of the industrial establishment, and
temporary stoppages of work and the right and liabilities of the employer
and workmen Arising therefrom.
Termination of employment, and the notice thereof to be given by
employer and workmen.
Suspension or dismissal for misconduct, and act or omissions which
constitute misconduct.
Means of redress for workmen against unfair treatment or wrongful
exactions by the employer or his agents or servant.
Any other matter which may be prescribed.

CERTIFICATION OF STANDING ORDER

Standing order shall be certify under this act only if all the above matters
are included in the draft and all the provisions are inline with this Act.
Standing order shall be certify by Certifying Officer. Certifying Officer
means Labour Commissioner or Reginal Labour Commissioner and
includes any other officer appointed by appropriate government.
Within 6 months from the date on which Act become applicable to
industrial establishment, employer shall submit 5 copies of draft to
certifying officer.
Draft shall be accompanied by a statement giving the name of trade
union, if any.
On receipt of draft, certifying officer shall forward the a copy to Trade
union or representative of workers to raise their objection.
Trade Union or representatives of workers need to submit objection
within 15days from the receipt of notice.
Certifying officer shall thereupon certify the standing orders and within 7
days thereafter send copies in prescribed manner to employer and trade
union or representative of workman.

MISCLLENEOUS
Any employer, workman or trade union aggrieved by the order of
certifying officer may go in appeal within 30 days.
If no appeal has been filed than the standing order shall be operative
within 30 days from the date on which it has been sent.
If appeal has been filed than within 7 days from the date on which copies
of order of the appellate authority are sent.
The text of certified order shall be posted in English and local language
on notice board.
In the absence of Standing Order, Model standing order shall be
temporary applicable.
Any offence shall be punishable with fine under this Act.
No prosecution for an offence under this act shall be instituted except
with the previous sanction of appropriate government.
No court inferior to that of Metropolitan or Judicial Magistrate of the
second class shall try the offence under this act.