There is no rule or act that mandates any industry to have certified standing orders. In any industry or factory where there are no standing orders, the Industrial Employment (Standing Orders) Act, 1946 will automatically apply. To have standing orders certified, you need the support of the workers or the union.
Section 5 of the Industrial Employment (Standing Orders) Act, 1946
5. Certification of standing orders:
- (1) Upon receipt of the draft under Section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in a manner as prescribed. A notice in the prescribed form will be sent, requiring objections, if any, which the workmen may wish to make to the draft standing orders within fifteen days from the receipt of the notice.
- (2) After granting the employer and the trade union or other representatives of the workmen an opportunity to be heard, the Certifying Officer shall determine whether any modification or addition to the draft submitted by the employer is necessary to make the draft standing orders certifiable under this Act. The Officer will issue a written order accordingly.
- (3) The Certifying Officer shall then certify the draft standing orders, making any required modifications, and send authenticated copies of the certified standing orders and his order to the employer and the trade union or other prescribed representatives of the workmen within seven days.
So, when seeking certification, if you anticipate no objections from the workers or their representatives, you may proceed. Otherwise, the model standing orders will automatically apply, and there is no need to try to appease the workers. Furthermore, this act outlines all the procedures, misconducts, and corresponding punishments.