As you are aware every industry is having service rules. The service rules nothing but the Standing Rules and the same has to incorporated
along with the Standing Orders. The Standing Orders Act. Schedule I the Model Standing orders will be available. The Standing Orders Act will be available in leading book shops. For taking any disciplinary actions the concern should follow the Company's Certified Standing Orders by the Local Competent Authority. The General agenda of the Industrial Employment Standing Orders Act is as under:
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946
The Industrial Employment (Standing Orders) Act applies to every industrial establishment wherein one hundred or more workmen are employed or were employed on any day of the preceding twelve months. It can be extended even to establishments whose employment of labour is less than one hundred and it does not apply to an industry to which Cl.VII of the Mumbai Industrial Relations Act,1946 applies or to any industry to which the provisions of the Madhya Pradesh Industrial Workmen (Standing Orders) Act, 1959 applies. In other words, normally the Standing Orders have to be drafted by the employer and their certification obtained under the Act wherever establishment employs more than one hundred workmen. In Section 1 (3) the certifying authority is Dy. Commissioner of Labour in the respective jurisdiction. The employer should required to define with sufficient precision the conditions of employment under them and to make such condition known to workmen employed by them. In case the employer fails to get his standing orders certified, the respective State Model Standing Orders will become applicable. It is advisable that instead of applying the model standing orders the employer should get the standing order certified. The standing orders which are certified under Industrial Employment (Standing Orders) Act become part of the statutory terms and conditions of service between the employer and employees.
Any Term or condition of service which is contrary to the standing orders, certified under the Industrial Employment (Standing Orders) Act, 1964 if incorporated in the letter of appointment be implemented or acted upon. If the standing orders make it obligatory to hold an enquiry into an act of misconduct before dispensing with the services of the delinquent employee then such a provision cannot be circumvented by having a resort to the terms in the appointment letter providing removal without enquiry.
A DRAFT MODEL STANDING ORDERS IS ATTATCHED WITH THIS. IT MAY HELP FOR EVERY ONE. PLEASE GOTHROUGH.
Please note where the Certified Standing Orders are not there, the Model Standign Orders of the respective state will be followed. Until certification.
2nd December 2006 From India, Kakinada
Labour Laws & Ir
K C S Kutty
NIRAJ J. SHAH
Human Resourece Development
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