INDUSTRIAL LAW

256
specified in the notification. Buut
authorlty may be immediately belore"
the appellate
under the Act. The area of belore an Industrial Court or other authority Act, 1963, that (Co
pending (Amendment)
relation to an appeal Industrial Employment (Standing Orders)
commencement of the
the appellate authorlty. establishmente
or authority shall be deemed to be (Sec. 2 (b)]. It means in respect of industrial port, mine or
Government major
2. Appropriate Central Governmenl or a railway administration or in a
under the control ol the
oilfield, the Central Government. Government.
cases, appropriate Governmenl mneans the State Commissioner, or a
other
In all
lcl]. 'Certifying Officer' means a Labour
3. Certifying Officer |Sec. 2 includes any other officer appointed by thefunctions
appropriate
of a
Commissioner,
Regional Labour notiflcation and períorm all or any of the
Govemnment, bu in the Olficial Gozette. lo
Certitying Olficer under the Act. industrial establishment to which
means the owner of an
(d)). 'Emplover'
4. Employer (Sec. 2 applies,
this Act for the time being and includes as manager of
person named under Sec. 7(11(0 of the Factories Act, 1948,
(i) in a factory, any
Government in
the factoy:
establlshmert under the control of anv department of any authority is so
(i) in any industrial suchGovernment in this behalf, orwhere no
India, the authority appointed by
appointed, the head of the department; and the
Industrial establishment, any person responsible to the owner for
(iii) in any other establishment.
Supervision and control of the industrial in
establishment [Sec. 2 lell. It means (i) an industrial establishment as defined
5. Industrial 1936, or (it) a factory as defined in Sec.
2 (m) of the
Sec. 2 (ii) of the Payment of Wages Act, 1989, or (u) the
Act, 1948, or (iu) a railway as defined in Sec. 2 (39) of the Raiways Act,
Factories the owner of any
for the purpose of fulfilling a contract with
establishment of a person who, workmen.
industrial establishment, employs
Orders' means rules relating to matters set
6. Standing Orders (Sec. 2(g). The term Standing
out in the Schedule to
the Act.
THE SCHEDULE
[See Secs. 2 (g) and 3 (2)]
Matters to be provided in Standing Orders apprentices, probationers
(11 Classification of workmen, e.g., whether permanent, temporary,
or badlis.
holidays, pay days and wage
(2) Manner of intimating to workmen periods and hours of work,
rates.
(3) Shift working.
late-coming.
(4) Attendance and which mav arant leave and
(5) Conditions ol. procedure in applying lor, and the authority
holidays.
to enter premises s by certain gates, and liability to search.
(6) Requirement sections of the lemporary stoppages of
reopening of industrial establishment,
(7) Closing and and liabilities ol the employer and workmen arising therelrom.
ikts
work and
HEINDUSTRIALEMPLO
LOYMENT (STANDING ORDERS) ACT,
1946 257
(S) Termination of
19) Suspension or employment,
disimissal tor
and the notlce
thereof to be eglven by employer and workmen.
OMeans of misconduct and cts or
redress for workmen against undair omissions which constitute miscornaus
aonlover or his agents or servànts. treatment or wrongful exaciios
(11) Any other matter which may be prescribed.
7. Trade Union (Scc. 2 (hll. It means a lrade unlon for the tme bging registered under e
Trade Unions Act, 1926.
8. Wages and workman (Sec. 2)1. Wages and 'workman' have the meanings respecttveiy
asiqned to them in Sec, 2{rr) and Sec. 2ts) of the Industrial Disputes Act, 1947
PROCEDURE FOR SUBMISSION OF DRAFT STANDING ORDERS (Sec. 3)
establishment, the employer shall
Within 6 months of the applicatlon of the Act lo an industrial rs proposed by him for adoption
submit to the Certifying Oficer 5 copies of the drall standng ore llcouerevery matter set out
in his industrial establishment [Se. 3(11|. Such dralt standing oruahlishment. Where model
the Schedule to the Act which may be applicable
standing
to the in so far as Is practicable. in
standing orders have been prescribed, the
Conformity with such model (Sec. 3 (2)). particulars of workmen. The dratt standing
Standing orders to be accompanied by prescribed partic
3 shall be e ied
acconhnent. by a stalement givingglve the name of the trade
orderssubmited under Sec. shall also
They
the workmen employed in the
union, if any. to which the workmen
induste 1Sec.
belon
establishments may
3(3)7 venjence of a
subrnit a joint draft. For the aft of standing
Employers in similar 1strial establishments, subnit a joint
they may prescribed (Sec, 3 (4)1.
of en1ployers in similar conditions as may be
group this is the
orders under Sec. 3. But STANDING ORDERS
CERTIFICATION OF
PROCEDURE FOR
(Sec. 5)
Certification of stonding orders
to be sent to
trade union or
workmen. On receipt of
to the
standing orders Officer a copy thereof
Copy of draft under Sec. 3, the
orders
Certifying
trade Shall .
copy of the dralt standing
the dral: standing of the workmen. Where there is no
trade union, it any, rkmen
otders shall be sent to the wo
in such manner ds e h o d form
he dralt a notice in the
unionb
ibed. The Certifying Olficer
requiring objections, i
rders The objections shall be
will also send along with a cOpydesire to make to the draft s
workrnen may notice [Sec. 5 (1)1. Certilying Olficer
any, which the within 15 davs from the recelpt of the provided. The
submitted to him trade unlon/workmen to be such other representatives of the
Opportunity of hcaring to nor orders is to
employer and the lrade or addition to standing addition to
opportunity to the or
Shall give an be prescribed of being de helher or not any modificationcertifiable under
decide
worknen as may shall orders
formaly is ovgr he ender the draft standing
rent
be rmade. Alter this is necessary
employer writing to
nlu 1Scc. 5 (21.
by the accordlngly
the dralt submitted ve an order certily the dralt standing ordegrs with th
thls Act, and shall make
shall thereupon orders
Certifuing Offlcer send coples of the certilicd stendingunion or
Certification The then withln days employer and to the trade
He shall order to the
modificatlons, if any.prescribed manner and o hls 5 (3).
authenticated in the [Sec.
representatives of the workmen
oiher prescribed
 258 INDUSTRIAL LAW

Conditions for certification of standing orders (Sec. 4)

certlfying the stonding orders, the Cortlying Olicer shall see that the conditlons as laid down
in Sec. 4 are complled wth. According to Sce. 4. slonding orders shal be certsfiable under the Act

to the
(al provislon Is made thereln lor every tnalter set ou! In the Schedule which is applicable
industrial establishment, and
(b) the standing orders are othenwise In conformlly with the provisions of the Act.
It is the function of the Certllying Oflcer or appellate authority to adjudicate upon the fairness
or reasonableness of the provislon ol any standing order.
Appeals (Sec. 6)
oB the workmen
Any emploer, workman, trade union or other prescribed representatives
aggrieved bu the order of the Certifying Olicer may, within 30 days fron the date on which copies
are seni under Sec. 5 (3), appeal to the appellate authority. The appellate authority shall by order in
wTting contim the standing orders elther in the form certified by the Certifying Officer or after
amending the sald standing orders It may amend the standing orders by making such modlfications
thereof oT additions thereto as t thinks ngressary to render the standing orders certifiable under the
Ac, The decis1on of the appellate authority shall be linal (Sec. 6 (1).
Sc 6(2) lays down that the appellate authorly shall, within 7 days of its order, send copies
thereof to the Certilying Oflicer, to the employer and to the trade union or other prescribed
representatives of the workmen. The order shal be accompanied by the coples of the standing
orders as certitied by it and authenticated In the prescribed manner.

OTHER PROVISIONS RELATING TO STANDING ORDERS

Date of operation of standing orders (Sec 7). Standing orders shal, unless an appeal is
preietred. come into operatlon on the expiry of 30 days from the date on which authe
copies thereut ate sent under Sec. 5 (3). Where an appeal is preíerred, standing orders shall cone
nito operetion on the expiry of 7 days from the date on which copies of the order of the appellate
authoity are sent under Sec. 6 (2)
Register of standing orders (Sec. 8). Acopy of all standing orders as fnally certified under
the Aan sha' be fled by the Cerlilying Officer in aregister in the prescribed for
purpase. The Certilying Olficer shall lurnish a copy thereof to any person applying therefor on
payment of the prescribed lee.
Posting of stancing orders (Sec. 9). The text of the standing orders as fnally certilied under
the Act shall be prominently displayed by the employer in Eng!
the majority of his workmen The display shall be on gisi and in the language understood bu
special boards to be maintained for the
purpose
(a) at or near the entrance through wich the majorlly ol
the workmen enter the industial
establishment, and
tbl in all depariments thereof where the workmen are
cmployed
Duration and modificatlon of standing orders (Sec. 10). Standing orders finally certified
under the Act shall not, except on agreement between the employer and the
workmen or a trade
union or other representative body ol the workmen, be lable to modiflcation untit the expiry of
 INDUSTRIAL
THE
EMPLOYMENT (STANDING ODERS) ACT, 1946 259
ennths from the date on which the
operation (Sec. 10 (1)1. standing orders or the Jast rmodifications thereof carme into
Subject to the provislons of Sec. 10 (1), anu
representative emnloupr or
body of the workmen, may apply to the workman or a trade union or other
modified. Such an applicatlon shall be accompanled by Certlying Olflcer to haveehe standing orders
made. Where moditications are proposed to be made bu 5 coples of the modilications proposed to be
agreement
uorkmen or a trade union or other representative body of the between the employer and the
a8Teement shall be tied along with the application workmen, a certified coPy of that
The provisions as contained in Secs. 3 to 9 of(Sec.
10 (2)).
the Act
under Sec. 10 (2) as they apply to the certiflcation of the first shall apply in respect of an application
standing orders [Sec. 10 (3]1
Ihe provisions as contained in Sec. 10 (2) shall not apply to an
respect of which the appropriate Government is the Government of the State industrial establishment in
of Gujarat or the
Government of the State of Maharashtra [Sec. 10 (4).
Payment of subsistence allowance (Sec. 10-A)
Subsistence allowance at 50/75 per cent. Sec. 10-A makes provision for payment of
Subsistence allowance by an employer to a workman who has been suspended by the employer
pending tnvestigation or inguiry Into complaints or charges of misconduct against the workman. The
subsistence allowance shall be payable
lal at the rate of 50 per cent of the wages which the workman was entitled to immediately
preceding the date of such suspension, for the first 90 days of suspension ; and
(B) at the rate of 75 per cent, of such wages for the remaining period of suspension if the delay
n the compietion of disciplinary proceedings against such workman is not directly attributable to the
conduct of such workman |Sec. 10-A (1).
Dispute regarding subsistence allowance to be referred to Labour Court, I any
dispute arises regarding the subsistence allowance payable to a workman, the workman or the
employer concerned may refer the dispute to the Labour Court, constituted under the Industria
Disputes Act, 1947, within the local limits of whose jurisdiction the industrial establishment wherein
sach wrorkman is employed is situated. The Labour Court to which the dispute is so referred shall
iler giving the parties an opportunity of being heard, decide the dispute and such decision shall be
Inal and binding on the parties (Sec. 10-A (2)1
f subsistence allowance more beneficial under any other law, provisions of that law
to apply. Where provisions relating to payment of subsistence allowance under any other law for
the tine being in force in any State are more beneficial than the provisions of Sec. 10-A, the
provisions of such other law shall be applcable to the payment of subsistence allowance in that State
ISec. 10-A (3).

ENFORCEMENT OF THE ACT

Powers of Certifying Officers and appellate authorities (Sec. 11)
Eve:y Certifying Officer and appellate authority shall have all the powers ol a Civil Court for the
purposes of
ti recelving evidence.
(i) administering oaths.