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Understanding Standing Orders Regulations

The document outlines the nature and requirements of Standing Orders, which serve as a contract between employers and workers, mandating that employers draft and submit these orders within six months of the Act's applicability. It details the conditions for certification, including compliance with the Act and the necessity for provisions covering all relevant matters. Additionally, it describes the certification process by the Certifying Officer, including the handling of objections from workers and the registration of certified orders.

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16 views7 pages

Understanding Standing Orders Regulations

The document outlines the nature and requirements of Standing Orders, which serve as a contract between employers and workers, mandating that employers draft and submit these orders within six months of the Act's applicability. It details the conditions for certification, including compliance with the Act and the necessity for provisions covering all relevant matters. Additionally, it describes the certification process by the Certifying Officer, including the handling of objections from workers and the registration of certified orders.

Uploaded by

hashiramasenju23110
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

NATURE OF STANDING ORDERS

• The Standing Orders implies a contract


between the employer and the workman.
• No workman can be appionted by the
employer on conditions of service different
from those defined in the Standing Orders.
SUBMISSION OF DRAFT STANDING ORDER
(SEC. 3)
• The Act requires employers to draft standing orders for their
industrial establishment.
• It is compulsory for the employers who employ workers.
• Sec. 3 provides :-
a)Within 6 months from the date on which this Act becomes applicable
to an industry, the employer shall submit to the Certifying Officer 5
copies of the draft standing orders proposed by him.
b)For every matter set out in the Schedule which may be applicable to
the industrial establishment, provisions shall be made in such draft.
Model standing orders must be present in the draft.
c)The draft shall be accompanied by a statement giving prescribed
particulars to the workmen employed in an establishment,
including the name of the trade union, in case, if they belong to.
d)A group of employers in similar industrial establishments may
submit joint draft of standing order .
e)The draft must be in conformity with the Model Standing Orders.
f)The draft must be submitted within 6 months from the date of
the application of Standing Orders.
g)The Draft Standing Orders are not applicable to seasonal
employees.
• In Nagpur Electric Light and Power Vs. K. Shreepathi -----
SC------- Held ------ Standing Orders must be construed with
reference to their subject on context. They must be applied to
all employees for whose benefit they have been made for.
CONDITIONS FOR CERTIFICATION OF
STANDING ORDERS (SEC. 4)
• Standing Orders shall be certifiable (official document
getting a status) under the Act if :-
a)provision is made therein for every matter set out in
the Schedule.
b)The standing Orders are in conformity with the Act.
• In Sudhir Chandra Sarkar Vs. tata Iron and Steel Co.
Ltd.--- held ---- Supreme Court shall have power to
adjudicate upon the fairness or reasonableness of a
Standing Order and declare it ineffective and
unenforceable, if necessary.
PROCEDURE TO BE FOLLOWED BY
CERTIFYING OFFICER TO CERTIFY
STANDING ORDERS SUBMITTED TO HIM
BY EMPLOYER
• Forwarding the draft Standing Orders to workmen.
• Objections by workmen:- Workmen are required to
make any objection, if any, within 15 days from receipt of
notice by certifying officer.
• Opportunity of being heard to workman and employer:-
After hearing both, the Certifying Officer shall decide
wether or not any modification is to be made in the
draft, and shall make an order in writing accordingly.
REGISTRATION OF CERTIFIED STANDING
ORDERS
• A copy af all standing orders which has been
finally certified, shall be filed by the Certifying
Officer in a registering the prescribed form
maintained.
• The text of the Standing Orders must be
posted by the employer in English and in the
language understood by majority of workmen.

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