Is Standing Order Certification Required for Companies Registered Under Other Acts?

Dear seniors and experts,

Is Industrial Employment Standing Order certification mandatory as per the Industrial Employment (Standing Orders) A.P. Rules, 1953, even though my company has been registered under the Factories Act, 1948, or the Andhra Pradesh Shops and Establishment Act, 1988?

Please clarify my above doubt.

Thanks and Regards,
T. Thirumurugan
Sr. Exe. HR and Admin.

Hello Thirumurugan,

First, you should have a basic understanding of these Acts, which cannot be acquired except by going through them. You should know the distinction between a factory, a shop, and a commercial establishment. How can an establishment be registered under both the Factories Act and the Shops and Establishments Act? Please clarify this.

B. Saikumar

Dear Mr. B. Saikumar,

If any Private Limited Company is registered under the Factories Act, Shops & Establishment Act, Contract Labour (Regulation & Abolition) Act, or Trade Union Act, is the Industrial Employment (Standing Orders) Act applicable to them or not? Please clarify the above matters.

Thanks with Regards,
Thirumurugan

That's precisely the reason why I asked you to go through the respective Acts because the Shops and Establishments Act is not a Central Act but a State Act. Thus, the provisions may differ from State to State in terms of their applicability. Members cannot be in a position to reply as there cannot be a universal answer to such a question since it depends on the provisions of the State Act concerned.

B. Saikumar

Dear Mr. B. Saikumar Sir, Okay, I got your point. Obviously, the Shops and Establishments Act differs from state to state in India. However, the Industrial Employment (Standing Orders) Central Rules, 1946 are common throughout India. The Andhra Pradesh Industrial Employment (Standing Orders) Rules, 1953 are specifically for Andhra Pradesh.

Question on Applicability of Standing Orders

For example, let's assume my Private Limited Company registers under the Factories Act, 1948, or the Andhra Pradesh Shops and Establishments Act, 1988, or the Contract Labour (R&A) Act, 1970 and AP Rules, 1971, or The Trade Union Act, 1926. Are the Industrial Employment (Standing Orders) Central Rules, 1946, or Andhra Pradesh Industrial Employment (Standing Orders) Rules, 1953 applicable to us or not?

If yes, do we need to get a certificate from the Commissioner of Labour against the Industrial Employment (Standing Orders) Central Rules, 1946, or Andhra Pradesh Industrial Employment (Standing Orders) Rules, 1953?

I hope you caught my point. Please clarify the above.

Thanks with regards,

Thirumurugan

Applicability of the Industrial Employment (Standing Orders) Act

The Industrial Employment (Standing Orders) Act is applicable to any establishment that employs employees/workmen as defined by the Industrial Disputes Act and prescribes a minimum number. I believe it is 30 employees, if my memory serves me right. Normally, any establishment covered by the Factories Act and employing the minimum number of employees/workmen as per the Standing Orders Act is subject to the provisions of the Standing Orders Act.

The Contract Labour Act and Trade Union Act govern different aspects and serve different purposes, having no connection with the Standing Orders Act.

Regards, B. G. Ramesh

The Industrial Employment (Standing Orders) Act is applicable to those establishments/factories where 50 or more workmen are employed on any day of the preceding 12 months in the State of Andhra Pradesh with effect from 5th July 1999.

The Industrial Employment (Standing orders) Act, 1946
Year of enforcement 23rd Apr 1946
Act shall applies every Industrial establishment wherein 100 or more workmen are employed in any of the preceeding12 months
The Act automatically applicable till employer prepares his own “Standing Orders”and these are approved by “Certifying Officer”(Sec 12A)
If the Establishment is under construction, Model standing orders will be applicable.