Standing Orders

Industrial Employment (Standing Orders) Act

There are ‘service conditions’ or ‘service rules’ for various employees like Government employees, bank employees, LIC employees etc. The Industrial Employment (Standing Orders) Act, 1947 is designed to provide service rules to workmen.

The object of the Act is to require employers in industrial establishments to formally define conditions of employment under them.

What are ‘Standing Orders’ - ‘Standing Orders’ means rules of conduct for workmen employed in industrial establishments. ‘Standing orders’ means rules relating to matters set out in the schedule to the Act. [section 2(g)]. The schedule to the Act requires that following should be specified in Standing Orders - (a) classification of workmen i.e. temporary, badli, casual, permanent, skilled etc. (b) manner of intimating to workmen working hours, shift working, transfers etc. (c) Holidays (d) Attendance and late coming rules (e) Leave rules (f) Leave eligibility and leave conditions (g) Closing and reopening of sections of industrial establishment (h) termination of employment, suspension, dismissal etc. for misconduct and acts or omissions which constitute misconduct (i) Retirement age (j) Means of redressal of workmen against unfair treatment or wrongful exactions by employer (k) Any other matter that may be prescribed.

Coverage of Act - The Act is applicable to all ‘industrial establishments’ employing 100 or more workmen. [section 1(3)].

‘Industrial establishment’ means (i) an industrial establishment as defined in section 2(i) of Payment of Wages Act (ii) Factory as defined in section 2(m) of Factories Act (iii) Railway (iv) Establishment of contractor who employs workmen for fulfilling contract with owner of an industrial establishment. [section 2(e)].

The term ‘industrial establishment’ includes factory, transport service, construction work, mines, plantation, workshop, building activity, transmission of power etc.

Workman - ‘Workman’ has meaning assigned to it under section 2(s) of Industrial Disputes Act. [section 2(i)]. Thus, ‘workman’ includes skilled, unskilled, manual or clerical work. However, ‘workman’ does not include employees engaged in managerial or administrative capacity or supervisory capacity. ‘Workman’ does not include workers subject to Army Act, Navy Act or Air Force Act or to police or prison services.

Approval of Standing Orders - Every employer covered under the Act has to prepare ‘Standing Orders’, covering the matters required in the ‘Standing Orders’. Five copies of these should be sent to Certifying Officer for approval. [section 3(1)]. ‘Certifying Officer’ means Labour Commissioner and any officer appointed by Government to be ‘Certifying Officer’. [section 2(c)].

The Certifying Officer will inform the Union and workmen and hear their objections. After that, he will certify the ‘Standing Orders’ for the industrial establishment. [section 5]. Till standing orders are certified, ‘Model Standing Order’ prepared by Government will automatically apply. [section12A].

Standing order should be displayed in English and local language on special notice boards at or near entrance of the establishment. [section 9]. Modifications of Standing Order shall be done by following similar procedure. [section 10].

Once the ‘Standing Orders’ are certified, they supersede any term and condition of employment, contained in the appointment letter. If there is inconsistency between ‘Standing Order’ and ‘Appointment Letter’, the provisions of ‘Standing Order’ prevail - Eicher Goodearth Ltd. v. R K Soni - (1993) XXIV LLR 524 = 1993 LLR 524 (Raj HC) * Printers House v. State of Haryana 1982 II LLN 327.

Standing orders are binding on employer and employee. These are statutorily imposed conditions of service. However, they are not statutory provisions themselves (meaning that the ‘Standing Orders’ even when approved, do not become ‘law’ in the sense in which Rules and Notifications issued under delegated legislation become after they are published as prescribed.) - Rajasthan SRTC v. Krishna Kant - AIR 1995 SC 1715 = (1995) 5 SCC 75 = 71 FLR 211 = 87 FJR 204 = 1995 AIR SCW 2683 = 1995 LLR 481 (SC).

Model Standing Orders - The Act has prescribed Model Standing Orders. These are automatically applicable till employer prepares his own ‘Standing Orders’ and these are approved by ‘Certifying Officer’. [section 12A].

Disciplinary Action - The most important use of ‘Standing Orders’ is in case of disciplinary action. A workman can be punished only if the act committed by him is a ‘misconduct’ as defined under the ‘Standing Orders’. The ‘Model Standing Orders’ contain such acts like insubordination, disobedience, fraud, dishonesty, damage to employer’s property, taking bribe, habitual absence or habitual late attendance, riotous behaviour, habitual neglect of work, strike in contravention of rules etc. as misconducts. The ‘Certified Standing Orders’ may cover other acts as ‘misconduct’, if approved by ‘Certifying Officer’.

Subsistence Allowance – Where a workman is suspended by employer pending investigation or enquiry into complaints or charges of misconduct against him, the workman shall be paid subsistence allowance equal to 50% of wages for first 90 days of suspension and 75% of wages for remaining period till completion of disciplinary proceedings. [section 10A(1)]. - - ‘Wages’ has same meaning as under section 2(rr) of Industrial Disputes Act. [section 2(i)].

Hi

I have the Same Q regarding Standing Order

Can u pls send me the details about
What is the differance between Model Standing Order & certified standing Order in brief ....

Waiting for your favourably reply....

Regards,
Rashmi

Hi Rashmi

Model Standing Order is guidelines for drafting standing order and Certified Standing Order is a Standing Order of a firm/company certified by the certifying Officer of the respective states pertaining to respective company.



Regards

Arun K Mishra

Hi Friends,

Thanks a lot sharing about Standing orders.

Regards
Amith R.

Hi

What do mean by badli ( It is in the clasification of work men and shall we mention the work men as employee in the standing order

HI

wheather all the standing order should compulsary get certified from the officer

regards

Subesh

hello

hello friends

Hi Subesh

First of all accept my heartiest good wishes for you, your family member and to all friends at Cite HR.

Yes, All standing Order should be Certified at the earliest.

and further

I want to discuss ten point for success with Cite HR.

While no one can guarantee success, I believe each of us can come closer to success if we start our relationships off with our optimism set on "P.E.R.F.E.C.T. T.E.N."





"P.E.R.F.E.C.T. T.E.N." optimism represents the resolutions I offer those with whom I network and can best be expressed as:

Planning – A planned year is better than an unplanned one. And it's the same with business relationships. I resolve to plan my work and my success with you. (Resolution #1)

Elation – Elation is the height of relationships. Elation is the tone and the tune to which I will set my relationship with you. My "Elationships" start and are maintained as close to 10 as possible. I resolve to give you strong reasons to be elated about our working together. (Resolution #2)

Results – Results matter. Having relationships without getting results equals misery. I resolve to work as intelligently and as resourcefully as I can to get the best results I'm capable of producing for you. (Resolution #3)

Faith – Faith matters. Faith in one another helps you and me to cover more ground more effectively and with less stress. You get your results faster when we have faith in one another. I resolve to work to keep the faith you've express in me. (Resolution #4)

Effort. People who don't believe in effort, don't get results. I'm honored when I get results. I'm shamed when I don't get results. Therefore, I resolve to put in the extra effort to get the results you and I have decided to pursue. (Resolution #5)

Concentration. Without concentration, effort is wasted. Wasted effort is wasted energy. Wasted effort and wasted energy leaves you poor. Concentration literally means to stay "within the circle". All work I do for you will be circled on my calendar until it is completed. Therefore, I resolve to concentrate on my work for you until I get the results you need. (Resolution #6)

Talk. I will talk with you. I intend that most of my conversations with you will be positive. But positive or negative, I resolve to talk with you, asking for your help if needed, and keeping you informed about significant obstacles as well as noteworthy progress. (Resolution #7)

Truth. What good would all of the above and any of the below do if our work is not grounded in truth??? Truth takes strength. Truth takes caring. It takes energy. Commitment. Sometimes it can be draining to tell the truth. But be that as it may, I insist from myself to give you all the truth you have a right to know. I resolve to tell you the truth about our project. (Resolution #

Efficiency. Efficiency has been in style and it has been out of style. Waste is guaranteed to happen when efficiency is out of style. To keep it from going out of style, however, efficiency must be looked at as part of a whole system. Sometimes though, efficiency must be subordinated to getting things done at the right time. At all other times however, I resolve to be as efficient in my work for you as is within my power. (Resolution #9)

Networking. Networking is about nurturance. If your network and your networking aren't nurturing you, what good are they? This is an odd bit of truth - but I want to nurture those who turn to me for business. I don't want to get boxed in to old business concepts just because they've been in practice for years and years and years. But I also don't want to work with anyone that I can't take pride in introducing to my network, the people I care about. I believe that introducing you to my network will help you and my network and me by helping me to have more hands and minds to get things done for others and for you. If the people in my network know you, they're more likely to help you. (This is a neural networking approach to consultative work and it's about integrating life into the work we do for business.) If I work for you, I resolve to help you grow, to help you prosper by introducing you to my network for your nurturance. (Resolution #10)

I wish you and all my network of friends the best of the best as we pursue a P.E.R.F.E.C.T. T.E.N. in 2008 and beyond!!

Regards

AKM

Thank you


regards

Subesh.T