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STANDING

ORDERS

ACT

PRAGADI LOKESH

132002097

MEANING

Rules and forms regulating the

procedure framed by a Legislature

or The Parliament.



Rules framed mutually agreed by

the employer and the employees

pertaining to working agreement

about the classification of workmen,

leaves payment of wages on certain

dates, advances, retirement ,

misconduct late commings,

disciplinary actions, etc.

PREAMBL

E

The Preamble of the Act imposes a

compulsion upon the employers,

“to define with sufficient precision

the conditions of employment” and

make the same known to the

workmen.



Prior to 1946, there existed chaotic

conditions of employment, wherein

the workmen were engaged on an

individual basis with uncertain and

vague terms of employment.

APPLICATIO

N OF THE

ACT

Section 1 of the Act provides that the

Act shall apply to



the industrial establishments within

India



with an engagement of more than a

hundred workmen at present or as

noted on any day in the preceding

year



unless provided by the appropriate

Government for application to any

such industrial establishment – with

less than a hundred employees.

WORKING

OF THE

CERTIFYING

OFFICER

All the industrial establishment

should send a copy of the

standing order.

Based on the model standing

order

Certifying Officer shall review the

rules and regulations

Rejects

Certifies and comes with the

force of law

ORDERS?

CSOs cannot be deemed as a

statutory concept, but can also not be

confined to the individualistic notions

of a contract, as they transcend its

limits.



Hence, standing orders effectuated in

compliance with the statutory

provisions may be considered as a

special kind of contract or a

‘statutory contract’.

DEFINITION-

SECTION

2(g)

Section 2(g) of the Act states that “standing

orders” are the rules relating to matters set out

in the Schedule, i.e. with reference to:

• The classification of workmen;
• Manner of intimation to workers about work and

wage-related details;

• Attendance, and conditions of granting leaves,

etc.;

• Rights & liabilities of the employer/ workmen in

certain circumstances;

• Conditions of ‘termination of’/‘suspension from’

employment; and

• Means of redressal for workmen, or any other

matter.

Submissio

n of Draft

Standing

Orders:

Section 3

A statutory obligation is imposed

by the Act upon the employer(s)

to submit, individually/ jointly,

five copies of a ‘Draft Standing

Order’

within six months of its

applicability to the industrial

establishment, which should be

inclusive of the matters enlisted

in the Schedule and of the MSOs

(short for – Model Standing

Orders), if any, and to which shall

be annexed such documents

containing particulars of the

workmen employed.

Deviation

from Model

Standing

Orders



Section 4(b) when read with Section 3(2) of the Act,

requires the draft standing order to, as far as

practicable, be in conformity with the MSO, hence, in

cases where it cannot be so claimed, the appropriate

authority may permit deviation from the MSO, and

negate the addition of such impracticable provision in

the Standing Order.

Submission

And

Certification

Of Standing

Orders-

SECTION 3

The section lays the procedure that

employer shall draft standing orders

relating to the industrial establishment

and submit it to the certifying officer

who is generally termed as regional

labour commissioner or labour officer.



Where such a model standing order has

been prescribed, the standing order draft

shall be in conformity with that model

standing orders.



The standing orders on being certified by

the certifying authority shall bind on both

the employer and workman.

Reasonablen

ess of

Standing

Order

The certifying officer.



All the industrial establishment should

send a copy of the standing order.



Based on the model standing order

Certifying Officer shall review the rules

and regulations

• Rejects if it is not resonable
• Certifies and comes with the force of

law

Certification

Process:

Section 5

• The Certifying Officer to send a copy of the Draft

Standing Order to the workmen or trade union,

along with a notice calling for objections, that

shall be submitted to him within 15 days of

receiving such notice.

• Why? Standing order is based on the

employment.

• Upon receipt of such objections, the employer

and workmen to be given an opportunity of

being heard, after which the Certifying Officer

shall decide and pass an order for modification

of the Standing Order.

• Finally, the Certifying Officer shall certify such

Standing Order, and thereby, within seven days,

send a copy of it annexed with his order for

modification passed under Section 5(2).

APPELLATE

AUTHORITY

SECTION

2(a)

“appellate authority” means an

authority appointed by the

appropriate Government by

notification in the Official Gazette to

exercise in such area as may be

specified in the notification the

functions of an appellate authority

under this Act



Provided that in relation to an appeal

pending before an Industrial Court or

other authority immediately before

the commencement of the Industrial

Employment (Standing Orders)

Amendment Act, 1963 (39 of 1963),

that court or authority shall be

deemed to be the appellate authority;]

Powers the

appellate

authorities

Section

• Confirm the orders in the form certified by the

certification officer.

• Confirm standing orders by making the necessary

amendments or additions after they have been

amended.

• The certified standing orders shall be enforceable at

the expiration of 30 days from the date on which the

certifying officer sends the authenticated copies of

the same to the parties.

• If an appeal has been filed, it shall enter into force at

the expiration of seven days from the date on which

copies of the appeal authority’s order are sent to the

parties.