industrial employment standing order act, 1946

8/3/2019 Industrial Employment Standing Order Act, 1946

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INDUSTRIAL EMPLOYMENT

STANDING ORDER ACT, 1946

BY:- Ankita Sood (13096)

Chandan Sharma (13100)

Raghav Dhawan ( )

Yadunandan Gupta (13116)


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WHAT IS STANDING ORDER? Rules and regulations regarding terms and conditions.

Why was SOA enacted? Absence led to friction between management and workers.

Conditions of employment were governed by contracts.

Advent of Trade Unionism and collective bargaining-problems of industrial peace and production for society.

Importance of making a law defining precisely the conditionsof employment was emphasized.

Enacted by Central Govt. in 1946


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OBJECTRegulate the conditions of recruitment

Discharge

Disciplinary actionHolidays etc.

Uniformity of terms and conditions of

employment.


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SECTION 1- APPLICATION OF THE ACT Extends to whole of India

Except the state of J&K

Applicable to all establishments where 100 or more workerseither presently employed or were employed at any day of

preceding 12 months. Can be applicable to those establishments where less than

100 workmen are employed but for that an AppropriateGovt. has to give a prior notice of 2 months about itsintension to do so.

Once the act is applied and later the number of workmenhas decreased to below 100, still this act will be applicableto that establishment.


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NON- APPLICATIONNot applicable to those establishments to

which the

provisions of chapter 7 of Bombay industrial

relation Act 1946 is applicable.

Provisions of Madhya Pradesh Industrialemployment Act,1961is applicable.


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SECTION 2- INTERPRETATION Workmen

Employer

Trade union

Industrial establishment

Certifying officer

Appellate authority


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SECTION 3- SUBMISSION OF DRAFTS STANDINGORDERP1- To be submitted by the employer within 6 months

from the commencement of this act to the certifyingofficer.

P2- DSO should be according to the matters set inModel standing order (MSO)

P3- Employer has to submit some more particularsabout the workmen along with the application of

DSOP4- In case of similar industrial establishment agroup of employers can submit a joint DSO.


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SECTION 4- CONDITIONS FORCERTIFICATION

All the matters in DSO should be accordingto MSO.

All the provisions of this act must becomplied with.


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SECTION 5- CERTIFICATION OF DSOP1- Certifying officer will send a copy of DSO to the workmen

representative or trade union if any, just to see whether they arehaving any objections or not.

In case they have any objections they can submit the samewithin 15 days to certifying officer

P2- After giving an opportunity of being heard to the employer,workmen representative or any concerned party the certifyingofficer will decide whether or not modifications or addition to draftsubmitted by the employer is necessary and accordingly he willmake an order.

P3- Certifying officer than certifies the DSO, after makingmodifications or addition, then sends a copy of this order to theconcerned party.


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SECTION 6- APPEAL The aggrieved party (aggrieved with the order of

certifying officer) can make an appeal within 30days from the date on which the copies of the order

of certifying officer are sent to the concerned party. In case registered post is delayed due to the fault of

the Post office then the concerned party is not atfault and is applicable for appeal.

1st day of dispatch of application is excluded fromthe count of 30 days.


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SECTION 7- DATE OF OPERATION OFCERTIFIED STANDING ORDER

If there is no appeal then after the expiry of 30days from the date on which certified copy ofStanding order is sent by Certifying officer, thestanding order will come into operation.

If there is an appeal, then after passing of Standing

order, it will come into operation after 7 days.


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SECTION 8- REGISTER OF STANDINGORDER

Maintained by Certifying officer In case anybody needs any information then he

can receive it by giving an application to theCertifying officer for the same and he will get thephotocopy of the same by paying someappropriate fee for it.


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SECTION 9 POSTING OF STANDINGORDER

Its the duty of the employer after getting the standing ordercertified,

paste it on convenient places

In 2 languages

(i) Regional language

(ii) English or the language which is under stood by mostof the people.

List of misconduct should also be posted in 2 languages.

If any person is indulged in any misconduct and he is notaware that his activity is a misconduct then that person will

not be accused and considered innocent.


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SECTION 10- DURATION ANDMODIFICATION OF STANDING ORDER

Once the standing order is finally certified it cannot be modifiedfor atleast 6 months.

The modification can take place if both the parties are agreed on.

If both of the parties are agreed on modification then they have to

submit 5 photocopies of the proposed modification along with thecopy of agreement between the employer and workmen to thecertifying officer.

The above provisions shall apply in respect of an application asthey apply to the certification of 1st standing order.

Section 10(2) will not be applicable to those establishmentswhere the Appropriate Govt. is the Govt. of state of Gujrat or

Govt. of state of Maharashtra.


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SECTION 10(A)- PAYMENT OF SUBSISTENCEALLOWANCE When any workman is suspended then the employer

pays some subsistence allowance to that workman.

Rate of subsistence allowance

50% of the wages earned by workman for 1st

90days.

75% of the wages earned by workman for rest of theperiod of time.

If any question arises regarding the payment ofsubsistence allowance then the matter is referred to

the labour Court.


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SECTION 11- CERTIFYING OFFICER &APPELLATE AUTHORITY TO HAVEPOWERS OF CIVIL COURT

Receiving evidence

Administering oaths

Enforcing the attendance of witness

Compiling the discovery and production ofdocuments

If any clerical or arithmetic mistake in any orderpassed by Certifying officer & Appellate authority,

then it must be corrected by the same Certifyingofficer or Appellate authority or the successor of inthe office of such officer or authority.


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SECTION 12 ORAL EVIDENCE INCONTRADICTION OF STANDINGORDER

No oral evidence is permissible

All evidence should be documented evidence.

Section 12 (a) Temporary

application of MSOMSO is applicable in between the period when Standing orderis sent for certification and till the date it is certified.


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SECTION 13 INTERPRETATION ETC. OFSTANDING ORDER

If any question arises regardinginterpretation and application of Standingorder by employer, workmen representative

or trade union representative may refer toLabour Court.

Whatever decision is given by Labour Court

is the final decision and nobody can raiseany question on that.


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SECTION 13(B) ACT NOT APPLICABLETO CERTAIN INDUSTRIALESTABLISHMENTS

Nothing in this act will be applicable to anestablishment where:

Fundamental and supplementary rules

Civil services(classification, control and appeal

rules) Civil services(temporary services rules)

Revised leave rules

Civil service regulation

Civilians in defence service(classification, controland appeal)

Indian railways establishment court


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SECTION 14 POWER TO EXEMPT Appropriate Govt. is having to exempt any

industrial establishment or class of industrialestablishment from any or all the provisions of thisact by notification in official gazette.

The Appropriate Govt. cannot exempt anyestablishment from sections of this act.


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SECTION 15 POWER TO MAKE RULES Appropriate Govt. has the power to make

and break the rules.


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industrial employment standing order act, 1946

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