Dear Friends,
I have a query for the experts : -
As much as I know, according to the Industrial Employment (Standing Orders) Act 1946, it is applicable to establishments with a workforce of 100 or more ( I have seen the same for Delhi & Punjab).
Can states ammend this to suit their needs ? Is this act applicable to establishments employing 50 or more workers in the State of Haryana ?
Please send me your responses at the earliest.
Thanks & Regards
Debashis Roy

From India, Lucknow
Though i am not an expert,the provisions can be modified by appropriate authority of the state. In certain states it is applicable to 50 or more workers as well.In the N.C.T. of Delhi, the Act applies to an industrial establishment where 50 or more workmen are employed or were employed in the preceding 12 months. u could check corpmen.com for relevant information. I have seen this info on the given site.
regards,
vani

From India, Mumbai
Hi,
The scope and coverage of THE INDUSTRIAL EMPLOYMENT ACT says that this extends whole of India and applies to every industrial establishement wherein 100 or more workmen are employed or were employed on any day of the preceding 12 months. But this act , further saya that
" THE CENTRAL OR STATE GOVT. MAY, HOWEVER, EXTEND ITS PROVISIONS TO ANY INDUSTRIAL ESTABLISHEMENT EMPLOYING EVEN LESS THAN 100 WORKMEN. BUT ,ONCE THE ACT BECOMES APPLICABLE TO AN ESTABLISHEMENT, IT DOES NOT CEASE TO APPLY ON ACCOUNT OF A SUBSEQUENT FALL IN NO. OF WORKMEN IN THE ESTABLISHEMENT."
So the statement proves that provisions could be made , if the workmen are less than 100.
KATYANA

From India, Gurgaon
Under sec. 38 of Bombay shops and establishment Act,the standing orders
were made applicable to all establishments covered by the said Act,irrespective of number of employees.However this created lot of
problems and therefore the said section was amended to read that standing orders under Industrial Employment (standing order) Act
will apply only to those establishments which employ 50 or more employees.This is the position in Maharashtra.

From India, Pune
Does a new IT establishment with less than 50 employees also comes under the THE INDUSTRIAL EMPLOYMENT ACT......If not then what should be the criteria for framing the strategies and policies for the organization.
I am HR Manager of the same and want to give a strong frame of standing orders to my Company, so that in future( when no. of employees reaches 100) their is no problem in framing the policies and strategies....Please guide.
Thanks
Fauzia

From India, Kanpur
Dear G.J.Panchal, Why donot you go through State Rules your self to see the Model standing Orders. R.N.KHOLA Sr Associate Skylark Associates, Gurgaon
From India, Delhi
Hello,
I am working in MSEDCL as as pay gr-I Officer. Whether the Indu. Emply. Standing order Act 1946 is applicable to MSEDCL so far it relates to the modification of basic service conditions in r/o Officers working in the organisation. Pl offer your valuable seasoned comments. Thanks.
Dr. C V Ambilwade

From India, Mumbai
Mr.Khola Sir,
In Haryana The Industrial Employment ( Standing Orders) Act, 1946 applies to every industrial establishment wherein fifty or more workmem are employed
Sir please clear Whether the employed 50 workmen includes contractual labour or just the on roll employees
please suggest.

From India, Delhi
Can any one tell me the rules related to the Standing Orders( In Uttrakhand), like required number of workmen, where all to send the copies of standing orders etc. Neeraj Singh
From India, Delhi
Dear as fellow member has already pointed out and refered section 38 of Bomany S&E Act. in view of above provision IE(SO) Act became automatically applicable to all establishment covered by the Bombay S&E Act, whether it be IT Or ITES companies or service industry.
Would further like to clarify wherein Payment of wages act applicable this IESO Act also became applicabe by vertue of defination/applicability as mentioned in IESO Act, in persuance to the same most of states had made provisions in their Shop Act that provision of Payment of Wages Act are applicale to all establishment covered by the S&E Act.So by default IE(SO) Act became applicable in such circumstances. For eg Gujarat, MP, AP, Kerla TN, etc.
so IT&ITES or service industry covered by Shop Act and Payment of wages Act is applicable to them, than Standing Order also need to framed and certified.
Karnataka has exempted IT&ITES companies from applicability of IESO Act for 5 Year.


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