1. Definition of Standing Orders
Importance
Useful in terms of
Scope and Application
Submission of Draft Standing Orders
Certification of Standing Orders
Penalty
BY
SUVIDHA KUDTARKAR
2. Important Definitions
The term ‘Standing Orders’ means rules relating to
matters set out in the Schedule of the Act.
Appropriate Government: State Government, Central
Government.
Certifying Officer: means Labour
Commissioner/Regional Labour Commissioner and
includes any other officer appointed by the
appropriate Government, by notification in the
Official Gazette to perform such duties.
Employer: owner of the establishment
3. Importance
No uniform practice governing the conditions of service of workers
No clarity of rights and obligations of the employer
In respect of terms of employment, friction/dispute between
management and worker
Demand for statutory service conditions raised by Bombay Cotton
Textile workers in 1927-28
The Bombay Industrial Disputes Act of 1938 for the first time provided
for statutory standing orders.
The Labour Investigation Committee emphasized the workers’ right
to know the terms & conditions of employment
4. Its Useful in below terms
To require employers to define the conditions of work
Helps to bring about uniformity in terms and conditions
of employment
Helps to minimize industrial conflicts
Helps to foster harmonious relations between employers
and employees.
Helps in providing statutory sanctity and importance to
standing orders
5. Scope and Application
Extends to the whole of India
To every establishment wherein 100 or more workmen are
employed
On any day preceding twelve months
Once applicable to the establishment then it continuous if
the no. of workmen employed gets reduced to less than
100
The appropriate Govt. can exempt any establishment from
any of the provisions of the Act
6. Continuous…..
It applies to railways, factories, mines, quarries, oil-fields,
tramways, motor services, docks, plantations, workshops,
civil construction and maintenance works.
The Act has 15 sections and a schedule.
It applies to all the skilled or unskilled, manual,
supervisory, technical, clerical work.
The apprentices are also included.
The persons employed mainly in a
managerial/administrative/supervisory capacity drawing
wages exceeding Rs.1600 are not covered.
7. Schedule
Matters to be contained in the Standing Orders
Classification of the workmen : temporary, casual, apprentices
Manner of intimating to workmen
Shift working
Attendance and late coming
Conditions of, procedure in applying for, and the authority
which may grant leave and holidays
Requirements to enter premises by certain gates and liability to
search
Closing and reopening of sections of the establishments,
temporary stoppages
Suspension or dismissal for misconduct
Acts and omissions which constitute misconduct
8. Submission of Draft Standing Orders
Obligatory on the part of an employer or a group of
employers to furnish of the draft standing orders
Within 6 months of the application of the Act the
employer shall submit the draft standing orders
Copies to be given to the certifying officer
Draft has to enclose the prescribed particulars of the
workmen
The status and name of the trade unions to be given.
It has to take all matters set out in the Schedule.
9. Procedure for Certification of Standing Orders
Copy of draft standing orders to be sent to trade
union/workmen
Opportunity of hearing to trade union/workmen to be
provided
Certification
Certified standing orders have the force of law and the
violation of any provision shall be taken action
Standing orders to be applicable to all present and future
workmen
10. Payment of Subsistence allowance
Payment of subsistence allowance by an employer to a
workman who has been suspended by the employer
and his investigation is pending
the allowance shall be at the rate of 50% of the wage
for the first 90 days of suspension
The allowance shall be 75% of the wage after 90 days
if the investigation is delayed due to employer
11. Penalty
Any employer fails to submit draft standing orders or
modifies it, shall be punishable with fine which may
extend to Rs. 5000.
In case of continuance of the above offence, fine up to
Rs.200 per every day.
Any contravention of Standing Orders is punishable
by Rs. 100 fine .
