INDUSTRIAL EMPLOYMENT STANDING ORDER ACT, 1946

BY:- Ankita Sood (13096) Chandan Sharma (13100) Raghav Dhawan ( ) Yadunandan Gupta (13116)

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 bargainingproblems of industrial peace and production for society. Importance of making a law defining precisely the conditions of employment was emphasized. Enacted by Central Govt. in 1946

OBJECT
Regulate the conditions of recruitment Discharge Disciplinary action Holidays etc. Uniformity of terms and conditions of employment.

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 workers either 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 Appropriate Govt. has to give a prior notice of 2 months about its intension to do so. Once the act is applied and later the number of workmen has decreased to below 100, still this act will be applicable to that establishment.

NON- APPLICATION

Not applicable to those establishments to which the

provisions

of chapter 7 of Bombay industrial relation Act 1946 is applicable. Provisions of Madhya Pradesh Industrial employment Act,1961is applicable.

SECTION 2- INTERPRETATION

Workmen Employer Trade union Industrial establishment Certifying officer Appellate authority

SECTION 3- SUBMISSION OF DRAFTS STANDING ORDER

P1- To be submitted by the employer within 6 months from the commencement of this act to the certifying officer. P2- DSO should be according to the matters set in Model standing order (MSO) P3- Employer has to submit some more particulars about the workmen along with the application of DSO P4- In case of similar industrial establishment a group of employers can submit a joint DSO.

SECTION 4- CONDITIONS FOR CERTIFICATION

All the matters in DSO should be according to MSO. All the provisions of this act must be complied with.

SECTION 5- CERTIFICATION OF DSO

P1- Certifying officer will send a copy of DSO to the workmen representative or trade union if any, just to see whether they are having any objections or not. In case they have any objections they can submit the same within 15 days to certifying officer P2- After giving an opportunity of being heard to the employer, workmen representative or any concerned party the certifying officer will decide whether or not modifications or addition to draft submitted by the employer is necessary and accordingly he will make an order. P3- Certifying officer than certifies the DSO, after making modifications or addition, then sends a copy of this order to the concerned party.

SECTION 6- APPEAL

The aggrieved party (aggrieved with the order of certifying officer) can make an appeal within 30 days 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 at fault and is applicable for appeal. 1st day of dispatch of application is excluded from the count of 30 days.

SECTION 7- DATE OF OPERATION OF CERTIFIED STANDING ORDER

If there is no appeal then after the expiry of 30 days from the date on which certified copy of Standing order is sent by Certifying officer, the standing order will come into operation. If there is an appeal, then after passing of Standing order, it will come into operation after 7 days.

SECTION 8- REGISTER OF STANDING ORDER

Maintained by Certifying officer In case anybody needs any information then he can receive it by giving an application to the Certifying officer for the same and he will get the photocopy of the same by paying some appropriate fee for it.

SECTION 9 POSTING OF STANDING ORDER

Its the duty of the employer after getting the standing order certified, paste it on convenient places In 2 languages (i) Regional language (ii) English or the language which is under stood by most of the people. List of misconduct should also be posted in 2 languages. If any person is indulged in any misconduct and he is not aware that his activity is a misconduct then that person will not be accused and considered innocent.

SECTION 10- DURATION AND MODIFICATION OF STANDING ORDER

Once the standing order is finally certified it cannot be modified for 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 the copy of agreement between the employer and workmen to the certifying officer. The above provisions shall apply in respect of an application as they apply to the certification of 1st standing order. Section 10(2) will not be applicable to those establishments where the Appropriate Govt. is the Govt. of state of Gujrat or Govt. of state of Maharashtra.

SECTION 10(A)- PAYMENT OF SUBSISTENCE ALLOWANCE

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 90 days. 75% of the wages earned by workman for rest of the period of time. If any question arises regarding the payment of subsistence allowance then the matter is referred to the labour Court.

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

Receiving evidence Administering oaths Enforcing the attendance of witness Compiling the discovery and production of documents If any clerical or arithmetic mistake in any order passed by Certifying officer & Appellate authority, then it must be corrected by the same Certifying officer or Appellate authority or the successor of in the office of such officer or authority.

SECTION 12 ORAL EVIDENCE IN CONTRADICTION OF STANDING ORDER

No oral evidence is permissible

All evidence should be documented evidence.

Section 12 (a) Temporary application of MSO

MSO is applicable in between the period when Standing order is sent for certification and till the date it is certified.

SECTION 13 INTERPRETATION ETC. OF STANDING ORDER

If any question arises regarding interpretation and application of Standing order by employer, workmen representative or trade union representative may refer to Labour Court. Whatever decision is given by Labour Court is the final decision and nobody can raise any question on that.

SECTION 13(B) ACT NOT APPLICABLE TO CERTAIN INDUSTRIAL ESTABLISHMENTS

Nothing in this act will be applicable to an establishment 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, control and appeal) Indian railways establishment court

SECTION 14 POWER TO EXEMPT

Appropriate Govt. is having to exempt any industrial establishment or class of industrial establishment from any or all the provisions of this act by notification in official gazette. The Appropriate Govt. cannot exempt any establishment from sections of this act.

SECTION 15 POWER TO MAKE RULES

Appropriate Govt. has the power to make and break the rules.