Applicability of Industrial Emp (Standing Order) Act

swatisaxena2005 · #1 29-07-2009, 12:59 PM

Hi All,

My company is in ITES industry and is registered under Shop & Commercial Estab. Act. At Gurgaon there are 700 employees and at Bangalore 250 employees.

My query is related whether my Company is covered under definition of Industrial establishment under Industrial Emp. (Standing Order) Act or under the Payment of Wages Act.

Or there is any specific Guideline/ notification of the respective State Govt. to make the captioned Act applicable to ITES company.

Thanks n regards
Swati

kumaracme · #2 30-07-2009, 11:17 AM

Standing order act is applicable to all the companies. also your company coming under the purview of payment of wages act also. there is specific guidelines available.

R.N.Khola · #3 30-07-2009, 11:57 AM

Dear Swati,

As far as your Haryana Unit is concerned it is hereby clarified that you are not to have Standing orders certified from the Certifying Officer, Haryana under the Industrial Employment ( Standing Orders) Act,1946.In my opinion your unit is not covered under this Act. After going through Payment Of wages Act,1936 your unit is also not covered under this Act. Moreover it is also added here that the Govt. of Haryana have issued notification to the effect that the units which are covered under the schedule employments list under the Minimum wages,1948 then the provisions relating to the deduction from or delay in payment of wages to the employees in the schedule employments shall apply.

Opinion submitted as requested.

Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

bhupender soni · #4 01-10-2009, 01:10 PM

swati
the industrial employment act is applies to evety industrial establishment where in 100 or more workmen are employed
and both the centerl and state governments have power to apply this act to any establishn=ment employing een less then 100 workmen
actullay the act is central lesilagtion but is administereed by both the centerl and state governmets