SIDDANNA M BALAPGOL

1. Adv.Annamma Samuel
1
STANDINGSTANDING
ORDERS ACT, 1946ORDERS ACT, 1946

2.  There was no uniformity in the conditions of service of
workers until this Act was brought.
 The absence of standing order, clearly defining the
rights and obligations of the employer
 The demand for statutory service conditions was first
raised by Bombay Cotton Textile workers in 1927-28.
 The Bombay Industrial Disputes Act of 1938 provided,
for the first time, for statutory standing orders.
 The Labour Investigation Committee 1944-46
observed: “An industrial worker has the right to know
the terms & conditions under which he is expected to
follow”.
2

3. OBJECTIVESOBJECTIVES
To require employers to define the
conditions of work
To bring about uniformity in terms and
conditions of employment
To minimize industrial conflicts
To foster harmonious relations between
employers and employees.
To provide statutory sanctity and
importance to standing orders
3

4. SCOPE AND APPLICATIONSCOPE AND APPLICATION
The Act extends to the whole of
India
It apply to every establishment
wherein 100 or more workmen are
employed or employed on any day
preceding twelve months.
4

5. The appropriate Govt. can exempt any
establishment from any of the provisions
of the Act
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.
5

6. The Act is applicable to all workmen
employed in any industrial establishment
to do any skilled or unskilled, manual,
supervisory, technical, clerical work.
Even the apprentices are also included.
But the persons employed mainly in a
managerial/administrative/supervisory
capacity drawing wages exceeding
Rs.1600 are not covered
6

7. STANDING ORDERSSTANDING ORDERS
 Classification of the workmen : temporary, casual, apprentices
 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
 Requirements to enter premises by certain gates and liability to
search
 Closing and reopening of sections of the establishments, or
temporary stoppages
 Suspension or dismissal for misconduct and acts and omissions
which constitute misconduct
7

8. SUBMISSION OF DRAFT SOSUBMISSION OF DRAFT SO
 It is obligatory on the part of an employer or a group of
employers to furnish 5 copies of the draft standing
orders to the certifying officer within 6 months of the
application of the Act the employer shall submit the
draft standing orders
 The draft shall be accompanied by a statement giving
prescribed particulars of the workmen
employed in the industrial establishment, including
the name of the trade unions, if any, to which they
belong
8

9. Procedure for Certification ofProcedure for Certification of
Standing OrdersStanding Orders
 On receipt of the draft standing order, the certifying
officer shall forward a copy to sent to trade union of
the workmen functioning in the establishment
 If no such union exists, to three representatives of
workmen in the establishment elected at a meeting
called for the purpose
 A notice in the prescribed form will be given inviting
objections, if any, to the draft standing orders within
fifteen days of receipt of these orders.
9

10.  After giving to the parties an opportunity of being
heard, the certifying officer shall decide whether or not
any modification of the draft is necessary, and make an
order in writing accordingly.
 In doing so, the certifying officer can adjudicate upon
the fairness and reasonableness of the provisions in the
drafts.
 The certifying officer shall thereupon certify the
standing orders with or without modifications and
forward the authenticated copies thereof to the
employer and to the trade union or other prescribed
representatives of the workmen within seven days from
the date of his orders
10

11. AppealAppeal
 An aggrieved party may appeal to the appellate authority within thirty days
from the date on which the copies of the standing orders were sent to it
by the certifying officer. The order of the authority shall be final.
 Section 6(1) empowers the appellate authority to do only two things:
 i.Confirm the standing orders in the form certified by the certifying officer
 ii.Confirm the standing orders after amending them by making the
necessary modifications or additions.
 The certified standing orders become enforceable on the expiry of 30
days from the date on which the authenticated copies of the same are
sent to the parties by the certifying officer. If an appeal has been filed, it
shall come into operation on the expiry of 7 days from the date on which
copies of the order of the appellate authority are sent to the parties
11

12. Modification of Standing OrdersModification of Standing Orders
 The standing orders finally certified under this Act shall not be
liable to modification until the expiry of six months from the date
on which the standing orders or the last modifications thereof
came into operation.
 Subject to the provisions of section10(1), an employer or
workman may apply to the certifying officer to have the standing
orders modified. Such an application shall be accompanied by
five copies of the modifications proposed to be made by
agreement between the employer and the workmen, a certified
copy of that agreement shall be filled along with the application
12

13. Powers of Certifying OfficerPowers of Certifying Officer
 Every certifying officer and appellate authority shall
have all the powers of a civil court for the purpose of:
 i.Receiving evidence
ii.Administering oaths
iii.Enforcing the attendance of witnesses and
iv.Compelling the discovery and production of
documents
 Every certifying officer and appellate authority is
deemed to be a civil court within the meaning of
section 345 of the Code of Criminal Procedure, 1973
(Section 11)
13

14. Acts of MisconductActs of Misconduct
 The following acts or omissions on the part of a workman shall
amount to misconduct;
• Going on an illegal strike
• Wilfully slowing down in performance of work
• Theft, fraud or dishonesty in connection with the employer’s
business or property or the theft of property of another workman
within the premises of the establishment
 Taking or giving bribes
 Habitual absence without leave or absence without leave for more
than ten consecutive days
 Collection without the permission of the manager of any money
within the premises of the establishment except as sanctioned by
any law for the law for the time being in force
14

15. Acts of MisconductActs of Misconduct
Engaging in trade within the premises of the
establishment
Drunkenness, riotous, disorderly or indecent
behaviour on the premises of the establishment
Habitual neglect of work
Habitual breach of any rules or instructions
Wilful damage to work in process or to any
property of the establishment
15

16. Holding meeting inside the premises of the
establishment without the previous permission
of the manager or except in accordance with
the provisions of any law for the time being in
force.
Disclosing to any unauthorised person any
information
Smoking and spitting on the premises of the
establishment where it is prohibited by the
employer
Unauthorised possession of any lethal weapon
in the establishment
16

17. Offences and PenaltyOffences and 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.
17

18. Obligations of EmployersObligations of Employers
Submit draft standing orders with the required
information to the certifying officer for
certification within the time limit mentioned in
the Act.
Act in conformity with the certified standing
orders in the day to day dealings with the
workmen
Modify certified standing orders only with the
approval of the certifying officer
18

19. Obligations of WorkmenObligations of Workmen
Work in conformity with the
certified standing orders or model
standing orders as the case may be.
Comply with the provisions of the
Act in regard to modification and
interpretation of standing orders.
19