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EMPLOYMENT STANDING ORDER ACT 1946

INTRODUCTION:

Prior tp the enactment of industrial employment Act an industrial employer was free to lay down service conditions of its employees withoutany statutory restriction .Because of which employers exploited the workmen and harassed them in various ways.To abolish these evil thje

industrial employment tsanding order was passed in !"#b.it is also called Model ActOBJECT:

The central legislature therefore considered it necessary to enact law framing of service conditions by means of standing order defining$

conditions of recruitment or discharge %disciplinary action %holidays or leave etc .This has long way gone minimi&ing friction in the mgmt and

workmen of the industrial undertakings.

Thus it re'uire employers in industrial establishment to define with sufficient precisionthe condition of employment of workmen

employed therein and to make them known to such workmen .and certify them by certifying authority .

The act designed to avoid friction and tensionamong employers and workmen employed in the industry . Provision for effective safeguardsagainst unjust and wrong dismissals and other disciplinary actions will always be in the interest as

much as of the industry and the workers.

TheOBJECTof the Actis to have uniform standing order providing for the matters enumerated in schedule of the Act .The FUNDAMENTAL OBJECTof the Actis to avoid any confusion in the minds of the employers and employees in respect of their rights and

obligations concerning the terms and conditions of employment and avoid unnecessary dispute.

MAJOR PROISIONS OF T!E ACT

. (mployer should have standing order certified

). duty of the certifying authority to adjudicate upon theit fairness and reasonableness.

*. The notice to be given to the union and in their absence to the workmen .". The right conferred upon them to raise objection

+. opportunity of being heard before they are certified .#. The right to appeal and right to apply for modification given to workmen individually.

,. The obligation on the employer to have them published in the manner so that they become easily known to the workmen .whichbecomes binding thereafter to both employer and employee.

MODEL ACT

The act is intended to operateas a model stamding order for the matters enumerated in -chedule .They are%

i. nclusion of workmen /Permanent %temporary %apprentice%probationers or badliii. 0atters of ntimating to workmen /periods and hrs of work %holidays %paydays %wage rate

iii. -hift working

iv. Attendance and late coming

v. 1onditions of procedure applying for and the authority which may grant leave and holidaysvi. 2e'uiring to enter premises by certain gatesand liability to search

vii. 1losing and re opening of sections of industrial establishment 3temporary stoppageof work 3rights and liabilities of the employer and

workmen arising from there.

viii. Termination of employment and the notice thereof to be given by the employer and workmenix. -uspension or dismissal for misconduct and acts or omission which constitute misconduct

x. 0eans for redress for workmen against unfair treatment by the employer or his agents or servants

xi. Any other matter prescribedAPPLICATION OF T!E ACT

The Act applies to the industrial establishment where in 44 or more workmen are employed or were on any day of the preceding ) mons..

5but applies to less than 44 workmen by appropriate govt making notification in official ga&ette ) mon notice6NON APPLICATION OF T!E ACT TO T!E FOLLO"ING

#$ Any industry to which the provision of chap , of the Bombayndustrial 2egulation Act !"# APP78##$ Any industry to which the provision of 0adhya Pradesh ndustrial (mployment Act !# APP78###$ U%de& 'ec 1( B t)e *&o+#'o% o, t)e Act -#ll %ot .**l/ to -o&0e% e*lo/ed #% #%d2't.l e'td 3o+e&%ed / ,ollo-#%3

&e32l.t#o%

a6 9undamental and supplementary rules

b6 1ivil service 5temporary service6rules

c6 1ivil service 5classification % control% appeal 6rules

d6 The civilians in efence -ervice 5classification % control% appeal 6rulese6 The ndian 2ailway (stablishmnet 1ode

f6 Any other rules;regulations that may be notified in this behalf by the appropriate govt in official ga&ette.B).l.l '$S2*e%te%d#%3 E%3#%ee& 5All.)..d

1ase where the state (lectricity Board took over several private undertaking /some undertaking fixed the age of superannuation of employee

while some not.-tate of the (lectricity supply Act notified regulation that

age of superannuation of employee is +? yrs.t was challenged.The contention rejected and held that it valid.

U$P$St.te Electc#t/ Bo.&d '$!.').%0.& J.#%

even if the undertaking have the age of the superannuation higher than that of the +? .(mployee would be governed by the regulation under the

Act.

SEC

INDUSTRIAL ESTABLIS!MENT SEC 7C8MEAN

i. ndustrial establishment as defined in sec )5ii6of payment of wages actii. A factory as defined in sec)5m6of the factories act !"?

iii. A railway as defined in sec )5iv6 of the ndian railway act ?!4

iv. The establishment of a person who for the purpose of fulfilling a contract with the owner of any industrial estd employs workmen.

INDUSTRIAL ESTABLIS!MENT e.%' @.2.T payment of wages act :

. tramway service ;motortransport service /carring passenger ;goods by% road ;hire;reward.

). Air %transport service other than such sevices belonging to military ;naval ;airforce of the union of civil Aviation ept of

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STANDING ORDER SEC78 e.%'

To mean the rules relating to the matters set out in the schedule .A3&. Electc Co ' SAll.d#%

-..after their certification will be binding on the employees presently employed and employed thereafter.A''oc#.ted Cee%t Co '$P$D$/.'

1umulative effect of sec *%"%+%+%was that the certifying officer has to be satisfied that the draft standingorder s in conformity with the mattersset out in the scheduleB).3.l0.t cee%t Co$' $R$$P.t).%

o standing order could be certified by the certifying officer unless it is related to one of the topics enumerated in schedule of the AxctCoo*e&.t#+e Ce%t&.l B.%0 '$Addl$I%d2't.l T%.l A$P

Though binding on employees it is not binding on industrial tribunal adjudicating an industrial dispute.Ro)t.0 .%d !#''.& D#'tct Electc.l S2**l/ Co '$St.te o, U$P

employee canCt insist upon to add condition not in conformity with matters in the schedule of the act

"ORMEN SEC7I8 e.%'; -o&0e% 2%de& #%d2't.l d#'*2te .ct 194