Labour Law & Hr Consultant
Bharat Gera
Principal Hr Consultant
Legal Consultancy
Srinath Sai Ram
Hr Manager

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Dear seniors.
Industrial standing order act. is applicable to only industrial establishment.
we are registered under uttar pradesh shop & commercial establishment act. however we have recently crossed 50 employees in our org.
pls clarify :- what is the definition of industrial establishment under standing order act.

Please go through Shop & Establishment Act of your Area/ State you will get answer whether your organization is covered or not under the IE Act.
sir. is there any section with regard to interpretation of industrial eatablishment under uttar pradesh shop & commercial establishment act.
Dear Amit,
I feel that questions of very rudimentary nature like yours need some home work on the questioner's part before asking. I would suggest that you should go through the interpretation given u/s 2 (e) of the Industrial Employment ( Standing Orders ) Act,1946.

The Industrial Employment Standing Orders Act follows the definition of Industrial Establishment as mentioned in the ID Act. The word industry has been defined & interpreted by the Honorable Supreme Court in many cases. You can read them.
Dear Anamika, Please mention the nature of activity carried on by your Establishment.
Industrial Employment (Standing Orders) Act 1946
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Dear Anamika,
The Industrial Establishment is defined in the Standing orders Act as define in clause (ii) of Section 2 of Payment of Wages Act, 1936 ie tramway service, motor transport service engaged in carrying passengers or goods or both by road for hire or reward;
aa. air transports service other than service exclusively belonging to or employed in the military,naval or air force of the union or civil aviation department of GOI;
b.dock, wharf or jetty
c. inland vessel, mechanically propelled
d. mine, quarry or oilfield
e. plantation
f. workshop or other establishment where articles are produced, adapted or mfgd with a view to their use, transport or sale
g. establishment in which any work relating to the construction , development or maintenance of buildings, roads, bridges or canals, or relating to the oiperations connected with navigation, irrigation or to the supply of water or relating to the generation transmission or distribution of electricity or any other form of power is being carried on.
(ii) a factory as defined in 2(m) of the Factories Act 1948
(iii) a railway as defined in section 2(iv) of the Indian Railways Act
However, by virtue of Section 38-B of the Shops and Establishments Act, the Industrial Employment Standing orders Act applies mutatis mutandis (as it is) to establishments engaging more than 50 employees .
Therefore, it is applicable to your establishment

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