LECTURE VI

THE INDUSTRIAL EMPLOYMENT

(STANDING ORDERS) ACT, 1946
This lecture covers -
1. Introduction
() Application of the Act
(ii) Object
(ii) Scheme of the Act
(iv) Features of the Act
2. Interpretation - Definjtions (Sec. 2)
3. Main Provisions
4. Procedure for certification of standing orders.
5. Duration and modification of standing orders.
1. Introduction
The expression 'Standing Orders' literally means "Conditions of
Service or Employment". In other words, standing orders refer to
the rules and regulations relating to conditions of recruitment, discharge,
disciplinary action, leaves, holidays etc. Absence of proper legislation
regulating the service conditions of the employees/workmen employed
in the industrial establishment gives room for frequent disputes/
conflicts between the employer and workmen. In the absence of any
standing orders or rules, master and servant relationship exists/goverms
between the Employer and employees. In order to avoid/remove
such conflicts and disputes and to ensure industrial peace and harmony,
the Industrial Employment (Standing Orders) Act was enacted by the
Central Government.
The Act entitled"The Industrial Employment (Standing Orders)
compulsorily their This are clear
c
make
¯Overnment
establishments offering Act visions desh
to(ü) control Provided Exed
sersons Act Ie establishment containing
both
(b ) (a) The any
time force Act, |204
requires Object Industrial by
GovernmenttoThe (b) (a)
to of M.P . AnyBombay Any Act such () to from 1946
certified the appropriate employing
the as precedingmonths.12Kashmir; and ApplicationAct time
situated
workparties the is that
industrial
Industrial industry does mustspecified any
Government
the : Act
Central extension (in 15 April (Act
and Thenotwithstanding Industrial Industrial Sections
employers and Employment
shall not give 1951, No.
with Object
on in within 23,LECTURES
to thGovernment. establishment to apply 100
e what pplyEmployment two the of1956, 1946. XX
reducea which of ma
establishment y the the and
view employer Relations tomonths'
thenotification. or
to terms of tc the be more
Indian 1961, one It of ON
1946)
is
themdefine
to the (Standing all
anything the Act. less
avoid Standing industrial provisions following may Schedule.
:piecemeal aLABOUR
and (S.C0.) to The 1963,
tothe is prior than
workmen Union, was
writing offering
conditions which Act, by Act
conditions
ecessary passed
Orders)
contained Act, 1946 noticeemploying100. The gazette a excep applies 1970, INDUSTRIAL &
establishments
Orders establishments It
the of number social
and to 196l apply; But 1992 has in
th e
provisions Chapter of on the been 1946.
toengage
of is Act, in notification:
its the such any to
ndustrial service the apply: and welfare
get workmen to intention of State everyamended LLAWS
1961
Madhya VII appropriate
employeesnumber so lt
them them. make under - day industrial
of legislation
on). came
the of ofthe apply Jaminu
in it the of from
to intS
of

givRules,
e uniformity
employees. for one Sections
downAppropriate (e) Contains
manpower. 2 protect Orders) considering
Security ensures terms conditions known employment in
employers
under Industrial provides industrial Act, worktothem parties,the the
employer disputes. THE
Schedule. (ii) and The 1946 The certified
1946 to
"Model various,provisions
the Act,
the Scheme in
of to 3 preliminary for service
of aobject
precise
conditions workmen of Preamble
in
States to The INDUSTRIAL
Standing with The the Act. Establishment, 15
Government, workingIt 1946 their employment under
industrial accordance l
The certain contains establishment byay Act
Industrial
fourstaFding The (including of fairness of the the down
employer
schedule aspects and
is formulation the them. of aims
EMPLOYMENT
schedules purpose
Orders". classsocial the employed
of object the appropriate the
relating definitions 15 Act:freedom standing establishments with to
such and service underWhereas, Industrial rules remove
Employmentorders contains Section () (c) Sections fromwelfare to of such and
of to as The from by th e
The
(Schedule Prescribed,
Certifying viz., title,unlawful reasonableness oforders ty the (STANDING
autrules.horirelating
inthestanding10-A, Industrial the
to them". themdefine it
Ac t the
Andhra respect Schedule the piecemeal
and arbitrary each is employees.
extent,
(a) and Employment
with formally as conflicting
situations
between
(Standing one
terms of is expedient
to follows:* So to
I, provisionsorders.12-A, Officer, Appellate
(g) to as
service
Pradesh I-A, of is application exploitation Employment the
ensure make
sufficient to ORDERS)
to Standing
13-A schedule. legislation deprivation which and to
LB all employees. to enable It
Orders)
employers
and
create, toThe
(d) conditions due
the requiredefine (Standing An conditions insists
Government and Authority, demand sai d ACT,
beAct etc. the
I ) maintain Orders
Employer, Section aiming of
(Standing of publicity precisioncondition act
1946
Central provided
which contains14-A) Section labour/ service.
conditionsemployers to workmen
It require
Orders) and upon
and lay etc. (b) some after also 205
1 to of the of get the
 Actthe - and 1961,
(h) (8) () Act XX
Actof also 206
Orders)
(e (d) (c)
provision
Standing providedThe all Thewherein This Order (b) (a) (iv) avoids so
beOrders The may A under
Act;the the The that 1963, brought
employer certifying the in group Supervisory The the and the The Features
powers Act Government submit
conformity Draft
certifying Labour to unnecessary it 1946Rules,
Order one
framed for definition employer
Act can1970, "The
of submit
the
of Section in normally
th e Standing applies be has 1953 LECTURES
hundred employers
Joint Commissioner, of
tanding for can officers of by them helpful 1992 been Andhra
a purposes Technical
officer the with
ertification be Civil
19 applies with an Standing may of is ofdisturbance
penalised employer Orders required toevery Act amended and two
Court
of and ore or the of workmen th e to Pradesh ON
Order the by is : brought
appellate to
Model of similar empowered Personnel" amicableSchedulesLABOUR& N
Act; workmen every thisrulesOrders s0 CertifyingindustrialFollowing Industrial
should for to in several
finally orfor respect in as th e
for
failure under
to certification frame necessary
industrial Standing Act. setindustrial
for aatmosphere
ravention authorities render nation INDUSTRIALLAWS
(Schedule
ified; are asThe out under establishment are times,
of certification: to this Officer, Draft Employment
the
amendments
tocertainemployed Orders far Model modify certain
submit establishment Draft
asestablishments them viz.
Act Standing
who: main 1
shall practicable of in and
matterS Standing
; Standing certificate includes
conditions; is features 1951,1956, th e
of
Dratt or generally to industry (Standing
I-A).
any have ; add Orderswhich in
to of the The
a

Government.
is
where Government Court
of Industrial under
Actthis.
notification
or Specified means 1946
under the other i THE
In (c) (b) (a) (ü) or (i) Section
provides
Proviso
any following an
the all Government; an authorityauthority But inAppellate out byThe
establishments
question Railway
establishment orAppropriate Employment in authority
the in 2 the exempt The INDUSTRIAL
is the
control added other establishment
deemed relation
notification,
for of not2. iappropriate
fication
industrial Official some the purposes appropriate
of by casesadministration shall
immediately AuthorityInterpretation any
EMPLOYMENT
tarises
he appointed to Industrial
the in be
to (Standing definitions in from
establishment
Central as
appropriate a Government
establishments bedeemed
appeal
an Gazette Government
ofthe Government
to
Amendment major the the this
whether under by
(Sec.
Employment Official
any (STANDING
overnment, port, or ; appropriate Orders)
before functions tothe as - Act . of
to pending
the be exercise, Definitions
2State may the
Act
anyGovernment mine, (Sec. the the appropriate (a)) Gazette,provisions may
control : Amendment before of after or,class by
ORDERS)
industrial
that of or appellate
2
Government commencement :below
an in (Standing a
1982 oilfield. (b)) an
appellate suchAppellate - (Sec.
previous
make gazette
Government of of ACT,
:
authority. ActIndustrial
, Government
area
provides means
establishment the The Orders) 2) rules the of
notification
publicationindustrial 1946
in 1963, as Act:
Central
Central respect of
authority mayAuthority to
State 207
may that that theCourt Act, carry
be by
tablishment
Industrial
means under
Act.
this
being the
appointed
establishment.
Gazette certification a
Standing parties.decide
the own
(a) owner Regional Act
() (c) (b) (a) the
Industrial applies. (iv) (iüi) motion
establishment.
2 an in
toappointed
authority
department Section(1) to the
in of Employer in of Certifying
ndustrialof the any an the a by Orders
the factory,
an perform Labour the thatCertifyingquestions
ownerother
factory industrial It and
ent industrial also appropriate
is by Certifying submitted
Standing after
shment
stablishment industrial
for so of of
applies: (Sec. all
such Commissioner Officer and
appointed
the Section; any or giving
any or
establishment any
Officerrepresentative
of establishment person 2 such
supervision Government, Officers
ges establishment, Government (d))Government
of
Orders toohas
the
7 the him (Sec.
been decision
as the of : parties
Act, named, The becomes by
defined (Sec. Factories functions meansa the
head andempowered 2
and expression to (c)) body
an e
36; inunder tb y
includes employer. shallemployer
2 under which :Under
ofthis in Labour
opportunity
in (e)) control any Act, notification operative of
clause department; India, of be the
or : person behalfor the this a final
The clause'employer
1948, Certifying It the
to workmnen IALLAWSor
of Commissioner
any thew
(i1) control Act certifyis and
the the inscheme of
expressiou responsible in only
an beingheard, workmen,
of industrial as(f) for the other binding
where
authority industrial the
Secton or manager of the after or
of 10 Oficial
officer of onits
sub. to means Offcer
tim e Draft the
no any on or
or the

standing toOrders"
of hy
C Sec. the rules EMPLOYMENT
(STANDINGTHE
(b) (a) Industrial (vii) (vi) (d) (c) (b)
() (e) (d) (c)
(g) 2means made
establishment,
Prescribed workmen.
employs
fulfilling Railways INDUSTRIAL a
Attendance Shift Classification
holidays,temporary, orders (g) Standing
Manner Act, Factories
the railway inafactoryin
efrom ; Closing search;to
Requirement Conditions
Ithaswhich
rights
stablishment includes to of byestablishment a
working Employment the rules
bemay of the
and pay Act, Orders a asAct, as
and reasonably a grant of, and intimating apprentice, appropriate (Sec. contract
relat1ng defined1948;
liabilities provision
to procedure ; days the 1890;or defined
and
reopening enter late of
leave following
(Standing (Sec. 2 of
and workmen,
to to (f)) with or
temporary premises construed and coming;
of probationers
workmen Government clause
for wage the 2
: person clause
for "Prescribed'
matters(g)):
employer of quantumholidays. the (4)
applying rates matters
Orders)
stoppages Section by in e.g., The owner who
periods of (m)ORDERS)
certain broad a : whether set Section
and of The for, or are expression
Act, out under for of
and badli; to means of Section
1946. ACT,
of gatesholidays and work and
workmen ofthe be thein this any the 2
work liberal the hours of 1946
and 'conditions' permanent, provided According prescribed
Act. industrial esopruup the
industrial and authority Schedule
Standing 2
arising and liability leave;sense. of Indian of 209
the work, the
in of
 3)
: for (m)
may Workmen' 1926.
Act,
Procedure
TheSection
() (iv) detailed Union 210
(m) () (i) The be and
months Providesofficers; made (s) (viii)
copies 5 andPrescribes
DateSubmission Act for (vii) (h)
3 dismissal. theft )
employer of makes discussion have
of
Wages th e
Trade committed
employed
theftdismissed
t employee an
been Suspension given
from the for of toSection which Termination
of foroperation the the time
the the submission Act Union may committed LECTURES
by
appeals. conditions provisions relevant meaning2 and
being constitute
draft date ofdeals of Main 3. about of beora as employer
the draftProvisions the (Sec. guiltysweeper or
to on with of Workmen registered maydismissal of
Industrial
e standing standing Industrial
Sectionsrespectively
the in employment
thwhich for for misconduct. ON
ing 2 of to the be and
the of certification
draft - meaning (h ) LABOUR
procedure
the orders;
such have whocourse workmen; for f
order, IndustrialDisputes (Sec. under :
blishment,Act standing Trade so has oef misconduct
assigned
of misconduct either and
cer.
applies, acted
employment. need The INDUSTRIALI &
powers two 2 the the
as of Disputes Act, ()) IndianUnion'
follows: standing asmisconduct
been not
orders words, 1947. to to and notice
shall of them : asnecessarily acts
within0 certifying Trademeans facilitate toproved thereof LAWS
submi orders; reference
Act, Therefore Wages
in justify A for or
(Se workmanto
omissions
1947. clauses Unions Trade a
and or
have havewhich to
his aid be

standing Orders
According for Act 1946 submit
lays THE
(b) (a) Sec. (b ) (a) certifying
Sect ion imposes Section (iv) (i i) (i)
(d) (c) under 4. Groaup
a orders 5 th e se t
Provision down Procedure INDUSTRIAL
TradeAfter and The any The copy Onprovisions establishment;
of and out to 4 4
joint Subject thof
of Sta tement
e . Model.
Trade receipt Standing th is Sec. the
the certain of draft
Unioheari
ns) ngcertifying withinnotice ofit followsasActhet in prescribesAct 4, draft the employers to
Trade standing
Unions requi15 r es along of of
the is the procedure
made if Industrial for of such Uni showi
on ngEMPLOYMENT
the from officer days the lays thOrders
is Schedule, Certifying standing conditions sta ndi ng
of - Act.
in
conditions Certification theofother the orders
withdraft, down
to if
certifying both beinggives (from the notice are the be similar
orders,conditions any;
the Trade the ch ordersEmployment for number (STANDING(so
heard. an the the otherwise whiStanding Officer
ofcertification followed an d as
officerparties certifying
date Form-II in procedure
is certification
as ofindustrial rof to
opportunity Unions applicable shall Stated by Standing asworkmen be
ORDERS)
of in Order (Standing may in
certifies (the notice). to
toofficer for
conformity certify the confirmity
employer to file the tofor
hereunder
of establishments be ACT,
standing certifying and Orders employed,
that the Trade shalcertification
l theevery the Sec.
Orders) prescribed.
1946
the andemployer objection forward
Unions. with industrialmatter Standing : 5 with
draft the orders. officer of name it). 211
if of the the Act, may
ppellatecopies Into within may authority them. or police service.
justified. leave
custody into provided 381 workmen. become establishment.
force Date confirm Trade Supreme duly 212
thereof 7 The ^ppeal police for (Pat.)Indian
thority, custody Workmen certified,Persons
onofdays withinUnion and 14for part
() Copies(e)of
expiry
Operation appellate
to or
The The custody
conSecutive Court certifying
officer
with
are against Supreme Industrial
termination/discharge In:Iron The standing
the make 30 or is their of days 7
a the. e
ifsent, certifying Employer daysdiscretionary leave for & the held of arbound certified to LECTURES
an of necessary authority, Standing instant Steel statutory Bbinding
appeal or 30 Court some the the orders
days (Sec. from that, &
on Tribunal was days.
Co. by Employer
expiry officer, time. "standing C on
is from 7) the may hel d case, Standing standing certified. is
modifications after Orders In d
Ltconditions Mills the certified. ON
rred. : date, power refused held
the The prefer that They this standing
of Employer hearing of VS. vs. workmen seal. standing LABOUR
date when and
7-daysstanding granting the and case, service Their orders orders
on
appeal (Sec. theof applied
management's B Orders the
the between &
and from th e were employed INDUSTRIAL &
which and 6) orders
Workmen, certified must Tradeorders
Månagement. workmen
leave, for C :
from orders the copies before : leave
The
send both discharged the Mills,
thenticatedthe Trade Any to while absence of Unions.
be must
shall the the
appropriate ar e workmen the Employer under in
standing signed
order workman, action were (1967) (1970)
theindustrial be LLAWS
comeUnions.ordersparties, sent company
inwithout sent
the
ot frompolice taken orders by
to not LLI within
in and Act The : the

modification:
procedure for thatcannot
majority other the person copOfy Aficer Orders THE
(d) (C) (b) (a)
Procedure effect The 5. standinPosting
be ofin as
or
If The standing
languageof g Rea g
that
ordersThen, between copies The
modification modified
between Duration a pplying the final lyI
iNstDUSer TRIAL
the from
agreement application Employer workmen knownorders of register of.
should the proposed of the for Standing Certfor ifiedcertStifin d ng
the the
within orders and shall it iaenndi
regulbear proposed datewithinModification pass to on the EMPLOYMENT
Employer
shall certified
for of or employerModification bepayment
followed. modification workmen
last months 6 through. workmen Orders Staprescribed
nding underOrders
procedure modi be modi
ficatifoin.cation months 6 post ed t
this (STANDING
enclosed. and modification. and under of Act
or : unless
the permanently at (Sec. thOrders
e form shall(Sec.
for workmen, is from a Sec. Section of the
the shall Trade prescribed
9) shall 8)
certification result the 10
Trade there Standing mai n : maintained beORDERS) :
a be 6 The be file d A
datUni
e on (ii) Union. isshall gate in copy
certified of accompanied lays an Act furnished
an ofcan Orders
be through
Engl ish
fee. purpose.for by of ACT,
of agreement final. requires the the al! 1946
copy
standing agreement
certificationapply down Certifying
to Standing
by They any 213
of for the to
which anyorthat
5