Indian Legal System > Civil Laws > Labour Laws > Industrial Employment Act (Standing Orders), 1946 > Meaning of Standing Orders
The Industrial Employment Act, 1946 defines the meaning of ‘Standing Orders’ in section 2 (g). These are the rules which relate to the matters explained in the Schedule. Under this section, the employer has to make a draft of standing orders for submission to the certifying officers regarding the matters prescribed in the Schedule. The matters which are referred in the Schedule are as under:
- Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or badlis.
- Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
- Shift working.
- Attendance and late coming.
- Conditions of, procedure in applying for, and the authority which may grant, leave and holidays.
- Requirement to enter premises by certain gates, and liability to search.
- Closing and re-opening of sections of the industrial establishment, and temporary stoppages of work and the rights and liabilities of the employer and workmen arising therefrom.
- Termination of employment, and the notice thereof to be given by employer and workmen.
- Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
- Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
- Any other matter which may be prescribed.
Following are the additional matters applicable in Maharashtra only
- Workmen’s Ticket and Registers
- Closing and re-opening of the entire industrial establishments or departments thereof, and the rights and liabilities of the employer and workmen arising therefrom.
The matters enumerated in the Schedule have been considered by the judiciary in a number of cases. In United Provinces Electric Supply v. T. N. Chatterjee, AIR 1972 SC 1201 case, the Supreme Court held that the termination in item 8 doesn’t cover each and every form of termination or cessation of employment. In view of this, it held that it didn’t cover superannuation which is automatic and did not require notice or any act on the part of employer or workmen. The court agreed that if the termination is to be read in a wider sense as meaning employment coming to an end,
there was no necessity to have item 9 because dismissal would then be covered by termination.
The abovesaid items are not exhaustive. Certain items may be included whereas many other important items may be excluded. The object of the Act is to give a collective voice to the workmen in defining the terms of employment which are subject to the scrutiny of quasi-judicial and judicial authorities. Section 73 (1) of the “Industrial Relation Bill, 1978” provides as under: The Central government, through notification, shall make the standing orders to provide the following matters:
- To classify the nature of workmen whether they are an apprentice or permanent or probationers etc.
- Conditions and procedure to be followed with regard to the appointment of employees and how to apply for leaves and holidays and who is authorized to sanction the same.
- A clear cut definition of misconduct of employees and punishment and mode of enquiry should also be specified.
- The age of superannuation must be mentioned.
- Working hours and shifts of the working of employees should also be specified.
Following matter are also included in Standing Orders:
- Service Record, that is, matters relating to service card, token tickets, certification of service, change of residential address of workmen and record of age
- Confirmation
- Age of retirement
- Transfer
- Medical aid in case of accidents
- Medical examination
- Secrecy
- Exclusive service
In the case of industrial establishments in coal mines, the following additional matters are considered
- Railway travel facilities
- Method of filling vacancies
- Liability of the Manager of the establishment
- Service Certificate
- Exhibition and supply of Standing Orders
In Sudhir Chandra Sarkar vs Tata Iron & Steel Co. Ltd. (1984) 2 LLJ 223 (SC) case, the Supreme Court has clearly stated that “the conditions of service laid down in the standing orders is either statutory in character or has statutory flavor. Similarly, certified standing orders which statutorily prescribe the conditions of service shall be deemed to be incorporated in the contract of employment of each employee with his employer.
In Rajasthan State Road Transport Corporation v. Deen Dayal Sharma, 2010 (5) SCALE 1, the Courttlaid down that: “The certified standing orders framed under and in accordance with the Industrial Employment Act (Standing Orders), 1946 are statutorily imposed conditions of service and are binding both upon the employers and employees, though they don’t amount to statutory provision. Any violation of these standing orders entitles an employee to appropriate relief either before the forums created by the Industrial Disputes Act or the civil court where recourse to civil court is open according to the principles indicated herein.”
In Jabalpur Development Authority v. Sharad Shrivastava, (2005) 1 LLJ 305 the Court observed: “The certified standing orders represent the relevant terms and conditions of service in a statutory form and they are binding on the parties at least as much, if not more, as private contract embodying similar terms and conditions of service.”
It has also been argued that standing orders are delegated legislation because the standing orders should contain every matter explained in the Schedule and it should be practicable as much as possible and should also conform to the model standing orders. The Act imposes a duty upon the employer to submit a draft to the certifying officer, who is competent to examine its fairness and reasonableness which don’t confirm that it is a delegated legislation.
In Rajasthan State Road Transport Corporation v. Krishna Kant, AIR 1955 SC 1715 case, the Supreme Court observed that the Standing Orders are binding on employer and employee. These are statutory imposed conditions of service. However, they are not statutory provisions in themselves, that is to say, even when approved, Standing Orders do not become ‘law’ in the sense in which Rules and Notifications issued under delegated legislation become after they are published in the official gazette.
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