How Do I Surrender Certified Standing Orders Under Gujarat Rules? Need Guidance on the Process and Timeline

Kindly guide me through the procedure for surrendering certified standing orders, especially with regards to the Gujarat rules. Could you please explain the process and how much time it typically takes?

Thank you.

Can you explain the situation or circumstances that compel you to cancel the CSO, as I have also not heard of this procedure before?

Amendment of CSO

Amendment of CSO is possible, subject to the approval of the Certifying Officer - Dy. Labour Commissioner, under whose jurisdiction your factory is situated.

Model Standing Order and Surrender Procedure

Now, the organization wants to follow the Model Standing Order. Furthermore, if there is a procedure for certifying the standing order, then there should also be a procedure for surrendering it and following the model standing order. What happens if the factory will be closed permanently in that case?

Following the Model Standing Order

The organization was free to follow the Model Standing Order. However, as the organization has now followed the procedure for the certification of Standing Orders and had it certified by the Certifying Officer (Deputy Labour Commissioner), it is binding on the organization and its employees to follow the Certified Standing Orders (CSO).

Procedure for Permanent Closure

If the factory is closed permanently, please send intimation of the closure of the factory to the Certifying Officer (DLC) and follow the procedure as per his directions.

Dear Pulkit,

Certain statutory and mandatory documents like orders, permits, licenses, etc., issued by any competent authority, the period of operation of which is not restricted by a time limit, would be of permanent duration. Standing Orders certified under the IE(SO) Act, 1946, is one such document that would be in operation throughout the life of the industrial establishment concerned unless certain amendments are made either at the option of the employer or employees or both or as a result of an amendment to the Act or its Rules by the Appropriate Government by way of deletion or addition of certain provisions relating to the conditions of employment. Even in the situation of an amendment to the Act or Rules, only the particular clause of the existing Standing Orders which is inconsistent with the amendment becomes inoperative, and in the case of introduction of a new clause, the existing Standing Orders have to be amended accordingly, or no violation of the new provision shall be thereafter.

Model Standing Orders

Model Standing Orders are not exhaustive but only illustrative to act as guidelines to frame the draft Standing Orders by the employer depending on the specialty or peculiarity of the activities of the establishment carried out through the employees. That's the reason for the certification of the D.S.O. In fact, the model standing Orders act as a stop-gap arrangement during the period between the dates of application of the Act and the certification of the draft Standing Orders.

Therefore, the question of surrendering the certified Standing Orders during its operation does not arise merely for the purpose of following the model Standing Orders.