Understanding Industrial Establishments: Does the Standing Orders Act Apply to Us Now?

Dear seniors,

The Industrial Standing Orders Act is applicable only to industrial establishments. We are registered under the Uttar Pradesh Shop & Commercial Establishment Act; however, we have recently crossed 50 employees in our organization.

Please clarify: What is the definition of an industrial establishment under the Standing Orders Act?

Thanks,
Amit

Please review the Shop & Establishment Act of your area/state to determine whether your organization is covered under the Industrial Employment (Standing Orders) Act (IE Act).

Sir, is there any section regarding the interpretation of an industrial establishment under the Uttar Pradesh Shop & Commercial Establishment Act?

Dear Amit,

I feel that questions of a very rudimentary nature like yours need some homework on the questioner's part before asking. I would suggest that you should go through the interpretation given under section 2(e) of the Industrial Employment (Standing Orders) Act, 1946.

Thank you.

The Industrial Employment Standing Orders Act follows the definition of an Industrial Establishment as mentioned in the ID Act. The word "industry" has been defined and interpreted by the Honorable Supreme Court in many cases. You can read them.

Dear Anamika,

Definition of Industrial Establishment under the Standing Orders Act

The Industrial Establishment is defined in the Standing Orders Act as per clause (ii) of Section 2 of the Payment of Wages Act, 1936. It includes tramway service, motor transport service engaged in carrying passengers or goods or both by road for hire or reward; air transport service other than service exclusively belonging to or employed in the military, naval, or air force of the union or civil aviation department of the Government of India; dock, wharf, or jetty; inland vessel, mechanically propelled; mine, quarry, or oilfield; plantation; workshop or other establishment where articles are produced, adapted, or manufactured with a view to their use, transport, or sale; establishment in which any work relating to the construction, development, or maintenance of buildings, roads, bridges, or canals, or relating to the operations 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 Section 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.