The document discusses the definition, importance, scope and application of standing orders under the Indian law, which are rules relating to matters of employment that provide clarity on rights and obligations of employers and employees. It notes the process for employers to submit draft standing orders to certifying officers for certification, and the penalties for non-compliance. Certified standing orders have the force of law and help minimize industrial conflicts.

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 .