Legal Dilemma: Which Takes Precedence, Certified or Model Standing Orders?

As per the provisions of law or according to case laws, if there is a conflict between 'Certified Standing Orders' and 'Model Standing Orders,' which will prevail?

We are in the process of applying for certified standing orders, but we have doubts regarding some provisions. If we make a drastic change in the provisions of the Model Standing Orders and they are certified, will they prevail in the future in case of conflict?

Dear colleague, the certifying officer under the Act will not permit any provisions in the draft of Standing Orders (SOs) for certification that are contrary to the Model Standing Orders (MSO) or law and have no acceptable justification. Besides, union or workmen representatives will also oppose them. Unless you have sound, logical, and legal justification for the proposed changes, the same will not pass muster.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

Dear Narendra,

I am not able to understand the hypothetical situation described by you.

Understanding Model Standing Orders

Model Standing Orders are there only to be taken as a guideline when the employer drafts his Standing Orders and submits the same for certification. While framing the Draft Standing Orders (DSO), it is not necessary that it shall be a mere replica of the Model Standing Orders (MSO).

Variations and Certification Process

There can be variations in certain conditions depending on the particular industrial requirements. If it is objected to by the workmen/trade union participating in the certification process, the certifying officer will decide the issue based on the points of justification advanced on either side.

Legal Compliance and Amendments

If any particular clause of the DSO is against the provisions of any law, principles of natural justice, or empowers the employer with arbitrary powers, the Certifying Officer (C.O) will not certify it. Even in the future, if any clause of the certified Standing Orders (S.O) becomes inconsistent with subsequent amendments carried out to any law applicable to the industrial establishment, such a clause, though certified earlier, will not have operation to the extent of inconsistency.

If any subsequent amendments create any special rights, obligations, benefits, etc., they can be added to the S.O by means of the amendment process. Even a single workman can move an amendment.