Industrial employment seventh sem law ppt

1. Scope and Coverage of the Industrial
Employment (Standing Orders) Act, 1946

2. • https://labour.delhi.gov.in/content/industrial-employment-standing-
orders-central-rules-1946

3. Special Features of the Act
• Appellate Authority
• Appropriate Government
• Certifying Officer
• Employer
• Industrial Establishment
• Prescribed
• Standing orders
Schedule
Condition: quantum of leave and holidays
S.K. Ghosh vs Chairman OSE Board
New Victoria Mills Co. Ltd vs Presiding Officer Labour Court
Navinchandra Shakercahnd Shah vs Ahemdabad Co-op Ltd.

4. Case Laws given in S.N. Misra( Book Bank)
• UP State Textile Cooperation Ltd vs Suresh Kumar
• Suresh A Kerkar vs Novavgi Presiding Officer Industrial Tribunal and
others
• Associated Cement Companies Ltd. Vs TC Srivastava and others.
• Free Wheels India Ltd. Vs State of Haryana and other.
• Pallavan Transport Cooperation vs Appellate Authority under
IndustrialEmployment ( Standing orders) Act, Madras & Others.
• Steel Authority of India Ltd. & Anr. Vs Dilip Kumar Debnath & Ors.
• Management of Ashok Leyland Ltd. Madras vs Presiding oddicer III
Additional Labour Court Madras and Anr.

5. Section1
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.

6. Section 13B
13B- Act not to apply to certain industrial establishments.—Nothing in this Act shall
apply to an industrial establishment in so far as the workmen employed therein are
persons to whom the
Fundamental and Supplementary Rules,
Civil Services (Classification, Control and Appeal) Rules,
Civil Services (Temporary Services) Rules,
Revised Leave Rules,
Civil Service Regulations,
Civilians in Defence Service (Classification, Control and Appeal) Rules or
the Indian Railway Establishment Code or
any other rules or regulations as may be notified in this behalf by the appropriate
Government in the Official Gazette, apply.

7. U.P.SE Board vs HARI Shanker AIR 1979 SC 65
• M/s Seth Ram Gopal & partners employed 2 employees later this Co.
was sold to UP State Electricity Board. They were retired and filed a
writ petition :
• SC held: We, therefore, hold that the Industrial Employment (Standing
orders) Act is a special law in regard to the matters enumerated in the
schedule and the regulations made by the Electricity Board with
respect to any of those matters are of no effect unless such regulations
are either notified by the Government under Sec. 13-B or certified by
The Certifying officer under Sec. 5 of the Industrial Employment
(Standing orders) Act.

8. • The IESO deals with specific subject, namely conditions in the Schedule.
Therefore provisions of Section 79(c) of the Electricity ( Supply) Act in
regard to matters to which the Standing Order Act applies.
• "workmen to whom any other rules or regulations that may be notified
in this behalf means, in the context of Sec. 13-B, workmen enjoying a
statutory status, in respect of whose conditions ofservice the
relevant statute authorises the making of rules or regulations. The
expression cannot be construed so narrowly as to mean Government
servants only; nor can not be construed so broadly as to mean
workmen employed by whomsoever including private employers, so
long as their conditions of service are notified by the Govt. under Sec.
13-B

9. Section 14
• Section 14 empowers the appropriate Government to
exempt any industrial establishment from being subject
to all or any of the provisions of this Act, either
conditionally/unconditionally.

10. Raman Nambisan (P.) And Ors. vs Madras
State Electricity Board(1967) ILLJ 252 Mad
The question that arose was whether the power to exempt any industrial
establishment would include the power to exempt a section of the
industrial establishment also. It was held that : “Section 14 enables the
Government to exempt any industrial establishment or class of
establishments from all or any provisions of the Act and not a section of
the industrial establishment.”

11. Some features of the Act:
• Application of the Act
• Acts make clear both the parties (employer and workman)
• This Act is applicable to every state except Jammu and Kashmir throughout
the India.
• This Act is applicable to all the industries wherein minimum 100 workmen
been employed in an industry
• Industries to which this Act is not Applicable
• Sec- 13(B) Act mot apply to certain industrial establishment

12. • Any industrial establishment for which following rule are applicable: –
1.Fundamental and supplementary rules
2.Civil service rules (state government employees) classification control service temporary service
rules
3.Civil service temporary service rules
4.Civil service regulations
5.Civilians defence service rules
6.Indian railway establishment code any other rules and regulations notified by the appropriate
Government
• If any industry are following the rules they are exempted from this Application 1946
• This rule is not applicable to any industrial establishment which is run by a private management.

13. Appropriate Government 2(b)
• Central Government is deemed to be the Appropriate Government for following
1.Any industry which is under the control of central government
2.Railway administration
3.Major port mine or oil filed
• Only for these industries central government is appropriate government. in all other cases
state government is Appropriate government.
• 2(C): – certifying officer
1.Labor commissioner
2.Regional labor commissioner
3.Any other officer appointed by the appropriate government as a certifying officer.

14. Sec 2(g): – Standing order: –
• Standing order is set of rules specified in this schedule of the act. It was enacted to prevent exploitation of the workman. Employer used to give
his own conditions
• Within the schedule they have specified certain rules or subject matter of the specified set of rules are
1. Classification of workman (whether he is a temporary or permanent, Badli workman)
2. Working hours, holidays as well as wage rates
3. Shift working
4. Attendance and late coming
5. Procedure in applying leave and holidays
6. Requirement to enter premises by certain or specific gates and liability to search
7. Closing and opening up industrial establishment
8. Termination of employment and procedure for serving the notice
9. Suspension or dismissal for misconduct or any act or omission
10.Remedies available for a workman in case of unfair labor practices
11.Any other matter which may be prescribed.

15. Sec – (3) Submission of draft standing orders
• Which is nothing but standing order before approval is draft standing order
• 3(1): – every existing industry at the time of passing this enactment within a span of 6 months from
the date on passing of which the enactment was passed they have to draft of a standing order and
that must be submit it to certifying officer
• 3(2):- the draft standing order should consist of or in connection with every subject matter specified
in the schedule of the Act
• Model standing order – in case if the employer has made model standing order so that MSO should
be in conformity with that of draft standing order
• 3(3): – draft so shall be accompanied by a statement giving all the particulars of all the workmen
who have been employed in an industrial establishment and should be submit to certifying officer
• 3(4): – in case of more than one employer they should submit joint standing order (in case of group
of employers)

16. Sec (4): – condition for certification of standing
order
• What are all the conditions to be fulfilled to get certification
1.Certifying officer will verify whether the provision has made by employer for all
the subject matter mentioned in the schedule
2.Standing order should also in conformity with the provision of this Act
3.Certifying officer have the authority to decide whether to grant the certification
and he may also suggest for modification of the standing order in the form of
addition of rules in the draft standing order and after it is fulfilled, he will certify.

17. Sec (5): – certification of standing order
• When the draft standing order is submitted, he shall forward it a copy to trade union
or workman representative.
• If certifying order is satisfied by fulfilling all the conditions u/s -4 then it shall send to
trade union or workman representative after certifying it will sent to trade union
• Inviting objections as for the standing order is the purpose to send to workman
representatives. They will have 15 days’ time to send objections from the date on
which it is served to workman representative.
• In case if the objectives are sent then certifying officer, he provides opportunities for
both the employer and employee

18. • After opportunity of being heard he will decide whether to grant or not and pass an
order.
• In case if he feels any modifications, he can suggest and certify it.
• That certification order shall be sent within a span of 7 days after approval is given
that order should be sent to trade union or workman representative
• Once standing order is certified then condition of the service of employment of the
workman,
• Standing order will be bind on employees as well as employer it includes
successors, legal heirs.

19. Sec (6): – Appeals
• Any employer, trade union, representation of the workman who may be aggrieved by the
order of certifying officer may make an appeal to the appellant authority within a span of 30
days from the date of certifying order is received by trade union
• The decision of appellant authority shall be final binding on all the parties
• Appellant authority has the power to modify or suggest for any additional information
• The appellant authority shall send the final copy or order copy within a span of 7 days to
the certifying officer
• In case if the appellant authority suggests the modification, it shall send back copy along
with draft standing order with the parties
• Appellant authority has the power to modify on its own if it modifies then that copy shall
send back to the parties.

20. Sec (7):- date of operation of standing order
• Every certifying standing order shall come in to operation after the expiry of 30
days from the date of passing order
• If no appeal is preferred from the date of expiry of 30 days it comes in to force
• If any appeal is preferred after the expiry of 7 days it shall come in to
operation from the date of appeal order is passed.

21. Sec (8):- register of standing order
• A certified standing order shall be filed in a register maintained by the purpose
or Act
• At any time or any person may make an application to view the standing order
by the certifying officer along with the prescribed fee.

22. Sec (9): – posting of standing orders
• Posting means displaying
• The certifying standing order shall be prominently displayed by the employer
in a English language as well as local language which is understood by the
majority of the workman.
• He should maintain some special board wherein he should post the certified
standing order
• Copy of standing order shall be displayed or posted in all the departments
where workmen are employed.

23. Sec (10): – Duration and modification of standing
order
• If some modification is required to modify what is the duration
• If there is any agreement between the employee and worker it can be notify
notice in the empire of 6months from the date on which it come into force or
from the date of enforcement
• In case if we need to modify earlier to the period he should take permission
from the certifying officer the employer should make an application by sending
application with notification standing order and get it approved by the
certifying officer. They should attach 5 copies of proposed notified standing
order and he should also attach copy of agreement between the employer and
trade union.

24. • Sec (11): – power of certifying officer
• Every certifying officer and appellant authority shall have all the powers of civil court
for the purpose of this evidence as per sec – 345 and 346 of crpc to consider the
certifying officer as civil court.
•
• Sec 12(A): – temporary application of model standing order
• The prescribed model standing order till they get the certification of standing order
they should apply model standing order prescribed by the Act
• This provision is not applicable to the temporary application of model standing order
to the state of Gujarat and Maharashtra is a appropriate Government.

25. Sec -13 – penalties and procedures
• It is mandatory on the part of every employer must make a standing order and get approved by the
certifying officer.
• In case if the employer fails to submit the draft standing order within the prescribed time limit then
the employer may penalize.
• If the notification of standing order is not as per the provision of sec (10) then that is also
punishable.
• Penalty is 5000 rupees employer is liable to pay 5000
• In case of continuing offence for each day the additional 200/- per day should be paid by the
employer
• If the employer contravenes the provision of any of the standing order then he shall be punishable
with fine 100 rupees and in case of continuing offence 25 rupees per each day
• Any court which is not below the ranking of metropolitan magistrate or judicial magistrate of second
class is having jurisdiction to entertain this case.

26. • Sec -13(A) interpretation of standing order
• When there is any dispute as to the obligation or interpretation to the standing
order then that question may be preferred to any one of the labor court either
by the employer or trade union or representative of workmen.
• After receiving the application labor court shall give an opportunity for both the
parties then decide the dispute.
• Whatever the decision given by labor court shall be final or binding on the
parties.

27. Nature and effect of certified
standing orders

28. Nature and effect of certified standing
orders
• Rights and duties of employee and employer
• Binding effect
• Conformity with Model Standing Order, First
Schedule, and Industrial Relations Code
• Statutory imposition
• Fair and reasonable
• Overriding effects
• Penalty for non-compliance

29. Rights and duties of employee and employer
The most basic feature of the certified standing
order is that it lays down the rights and liabilities of
the employer and employees during employment.
It keeps into account all the matters stated in the
First Schedule and thereby sets their duties towards
each other throughout the term of employment.

30. Binding effect
Once the standing orders are certified, they have a
binding effect on both the employer and employee. All
the terms incorporated in the certified standing orders
such as payment of wages, mechanism of payment,
shifts, classification of employment, etc. should be
compulsorily followed by both the employer and
employee. In case of non-compliance either by the
employer or employee, they can take recourse through
the Industrial Tribunal as provided in the Code.
As held in the case of Premier Automobiles Ltd. vs.
Kamlekar Shantaram Wadke of Bombay & Ors. (1976),
•Industrial Employment (Standing Orders) Act, 1946,
and Industrial Disputes Act, 1947 are sister
enactments (which are now part of the same code)
and recourse can be taken under the latter act if the
former does not provide for any mechanism. Thus,
certified standing orders are binding on the employer
and employees and can be enforced through the
Industrial Tribunal in case of non-compliance. Since
the two enactments are now part of the same
code, there will be no difficulty in enforcement.

31. Conformity with Model Standing Order, First Schedule,
and Industrial Relations Code
The certified standing orders should conform to the First
Schedule which states the eleven matters based on which
the standing orders should be prepared. Further, it should
also conform with the model standing orders prepared by
the central government under Section 29(1) of the Code.
Lastly, the certified standing orders are always made
following the Industrial Relations Code, 2020.

32. Statutory imposition
The nature of the certified standing orders is in the form
of statutory imposition. However, they are not to be
construed as statutory provisions, and thus, they are not
to be taken as law. In the case of Rajasthan State Road
Transport Corporation v. Krishna Kant (1995), it was held
that “The certified Standing Orders framed under and in
accordance with the Industrial Employment (Standing
Order) Act, 1946 are statutorily imposed conditions of
service and are binding both upon the employers and
employees, though they do not amount to statutory
provisions”.

33. Fair and reasonable
The certified standing orders should always be
fair and reasonable. Section 30(7) makes it the
duty of the Certifying Officer to “adjudicate
upon the fairness or reasonableness of the
provisions of any standing orders keeping in view
the provisions of the model standing orders”.

34. Overriding effects
It has been confirmed by the courts on various occasions that certified standing orders
have an overriding effect on any agreement such as a letter of appointment if the latter
is contrary to the former. In the case of Western India Match Co. Ltd. v. Workman
(1973), the Supreme Court has held that if there is any inconsistency between certified
standing orders and an agreement, the former would prevail over such terms of the
contract of service, for the reason that, certified standing orders have the force of law
whereas there is no legal sanction in case of an agreement.
This has been reaffirmed by the Rajasthan High Court in the case of Eicher Goodearth
Ltd. v. Rajendra Kumar Soni and Another (1993) where the High Court held that
certified standing order has the power to override the letter of appointment wherein
there was an inconsistency between the two in provisions relating to probation.

35. Penalty for non-compliance
Section 86(11) of the Code prescribes
that an employer can be punished with
a fine ranging between one lakh to two
lakhs in case he does not comply with
the finally certified standing order.

36. SECTION 9: Posting of standing orders
The text of the standing orders as finally certified under this Act shall
be prominently posted by the employer in English and in the language
understood by the majority of his workmen on special boards to be
maintained for the purpose at or near the entrance through which the
majority of the workmen enter the industrial establishment and in all
departments thereof where the workmen are employed.