Can an Industry Create Its Own Standing Orders? Seeking Insights and Experiences

Can an industry have its own standing orders...?

Regards,
Sandhiya R.

What you call "own standing orders" is referred to as "certified standing orders" under the Industrial Employment (Standing Orders) Act 1946. The employer can draft or customize standing orders in line with the Model Standing Orders. These must be submitted to the Certifying Authority (normally the Assistant Commissioner of Labour), and copies should be sent to the union(s). The authority examines the draft standing orders and also invites comments, queries, or objections from the union(s). After addressing any anomalies, the authority approves and certifies the standing orders.

Regards,
Shailesh Parikh
Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]

You mean "industry" or "industrial establishment"?

Definitions of "Industry" and "Industrial Establishment"

"Industry" is defined in Section 2(j) of the Industrial Disputes Act 1947, and "Industrial Establishment" is defined in Section 2(e) of the Industrial Employment (Standing Orders) Act 1946.

Redefinition of "Industry"

The definition of Industry under Section 2(j) was redefined in the case "Bangalore Water Supply and Sewerage Board etc. Vs. A. Rajappa and Others [1978 AIR 548]" or 1978 SCR (3) 207. Certification of Standing Orders is covered under the Industrial Employment (Standing Orders) Act 1946.

Mr. Sailesh has rightly mentioned the procedure. You need to carefully review each clause of the Model Standing Orders. Based on the size of the industry or organization, you should include your own clauses necessary for day-to-day administrative purposes. It is important to discuss these with the union (if any) before submitting them to the appropriate authority for approval.

Regards,
Eswararao Ivaturi