Sharma Sahoo

Sanchit Debasis Priti Mehta

Object of the Act Scope and Application Definitions Schedule Procedure for Certification of Standing Orders Appeal Subsistence Allowance Penalty

No uniform practice governing the conditions of service of workers No clarity of rights and obligations of the employer In respect of terms of employment, friction/dispute between management and worker

To require employers to define the conditions of work To bring about uniformity in terms and conditions of employment To minimize industrial conflicts To foster harmonious relations between employers and employees. Clearly defining the conditions of recruitment, discharge, disciplinary action, holidays, leaves, etc. help greatly to minimize friction. Act helps to regulate standards of conduct of the employer and establish a basis for harmonious labour management relationship Act specifies the duties and responsibilities of both employees and employers Provides redressal of grievances arising out of employment

Extends to the whole of India To every establishment wherein 100 or more workmen are employed on any day preceding twelve months Once applicable to the establishment then it continuous if the no. of workmen employed gets reduced to less than 100 The appropriate Govt. can exempt any establishment from any of the provisions of the Act

It applies to railways, factories, mines, quarries, oil-fields, tramways, motor services, docks, plantations, workshops, civil construction and maintenance works. The Act has 15 sections and a schedule. It applies to all the skilled or unskilled, manual, supervisory, technical, clerical work. The apprentices are also included. The persons employed mainly in a managerial/administrative/supervisory capacity drawing wages exceeding Rs.1600 are not covered.

Appropriate Government[Sec. 2(b)]: State Government, Central Government. Certifying Officer[Sec. 2(c)]: means Labour Commissioner/Regional Labour Commissioner and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette to perform such duties. Employer[Sec. 2(d)]: owner of the establishment

A factory defined in Section-2 (m) of the Factories Act, 1948 A railway defined in Railways Act, 1939 Establishment defined in the Payment of Wages Act, 1936 The term Standing Orders means rules relating to matters set out in the Schedule of the Act.

Standing Orders[Sec. 2(g)]

Matters to be contained in the Standing Orders

Classification of the workmen : temporary, casual, apprentices Manner of intimating to workmen Shift working Attendance and late coming Conditions of, procedure in applying for, and the authority which may grant leave and holidays Requirements to enter premises by certain gates and liability to search Closing and reopening of sections of the establishments, temporary stoppages Suspension or dismissal for misconduct Acts and omissions which constitute misconduct

Within 6 months of the application of the Act the employer shall submit the draft standing orders Obligatory on the part of an employer or a group of employers to furnish 5 copies of the draft standing orders Copies to be given to the certifying officer Draft has to enclose the prescribed particulars of the workmen The status and name of the trade unions to be given. It has to take all matters set out in the Schedule. Case Law:- Sompal Singh v. Artificial Limbs Manufacturing Corporation of India, 1994 LLR 152:1995-I LLJ 81

a. b.

Copy of draft standing orders to be sent to trade union/workmen Objections to be submitted within 15 days After giving an opportunity of being heard to employer and trade union/workmen, shall make an order in writing. Section 4Standing orders shall be certifiable ifProvision is made for every matter stated in the Schedule The draft is otherwise in conformity with the provisions of the Act Certification

Certifying officer shall send within 7 days copies of the certifying standing orders authenticated in the prescribed manner and of his order to the employer and to the trade union or other representatives of the workmen. Case Law:- Rashtriya Chemicals & Fertilizers
Ltd. v. FCI Workers Union, (1997) LLR 654(Bom. HC) PRTC Workers Union(Regd.) Patiala v. Pepsu Road Transport Corporation, Patiala,(1997) II LLJ 899 (P & H HC)

Any employer, workman, trade union aggrieved by the order of the certifying officer may, with in 30 days from the date on which copies of the certified standing orders sent to them appeal to the appellate authority The appellate authority shall within 7 days of its order send copies

Date of Operation of the Act(Section 7)

On the expiry of 30 days of the certification given by certifying officer Or After the expiry of 7 days of the decision given by appellate authority.

A copy shall be filed by the certifying officer in a register A copy shall be furnished on applying on payment of prescribed fee

Pasting of Standing Orders(Sec. 9)

In English or in language understood by majority on special board at or near entrance and in all depts.

Shall not be liable to modification until the expiry of 6 months from the date on which it came into operation, except on agreement Appn shall be accompanied by 5 copies of the modification proposed to be made Conditions Case Law:- Ghaziabad Engineering Co. Pvt. Ltd. v. The Certifying Officer, AIR(1978),the Supreme Court

Payment of subsistence allowance by an employer to a workman who has been suspended by the employer and his investigation is pending the allowance shall be at the rate of 50% of the wage for the first 90 days of suspension The allowance shall be 75% of the wage after 90 days if the investigation is delayed due to employer

Any employer fails to submit draft standing orders or modifies it, shall be punishable with fine which may extend to Rs. 5000. In case of continuance of the above offence, fine up to Rs.200 per every day. Any contravention of Standing Orders is punishable by Rs. 100 fine . In case of continuance may extend to Rs. 25 for every day