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Submitted by:
Sarthak Gaur
Agrawal
Submitted to:
Mr. Amit Raj
Sem-4, Sec-B
Enl. No.-A11911112086
Centre-II
Asst. Professor
Amity Law School,
Amity University
Noida
INTRODUCTION
To avoid friction amongst the employers and workmen employed in an industry is the principal
aim of Indian Legislation in India. It was considered that the society had a vital interest in the
settlement of terms of employment of Industrial Labor and also settlement of Labour problems.
Therefore, the steps were taken by the Central Government to enact Industrial Employment
(Standing Orders) Act, 1946 with a view to afford protection to the workmen with regard to
conditions of employment. There was no uniformity in the conditions of service of workers until this
Act was brought.
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.
The Industrial Employment (Standing Orders) Bill, 1946 was passed by the legislature and it
received the assent on 23rd April, 1946.
It came on the statute book as the Industrial Employment (Standing Orders) Act, 1946 (20 of
1946).
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.
oilfield, the Central Government, and in all other cases, the State Government. (Section
2(b))
and includes any other officer appointed by the appropriate Government, by notification
in the Official Gazette, to perform all or any of the functions of a Certifying Officer under
this Act (Section 2(c))
Employer means the owner of an individual establishment to which this act applies and
includes
In a factory, any person named as manager of the factory;
In any industrial establishment under the control of any department of any Government in
India, the authority appointed by such Government in this behalf;
In any other industrial establishment, any person responsible to the owner for the
supervision and control of the industrial establishment (Section 2(d))
Industrial Establishment meansAn industrial establishment as defined in Section 2(ii) of the Payment of Wages Act,
1936,
A factory as defined in section 2(m) of the Factories Act, 1948,
A railway as defined in Section 2 (4) of the Indian Railways Act, 1890,
The establishment of a person who, for the purpose of fulfilling a contract with the owner of
any industrial establishment employs workmen (Section 2 (e))
Workman means any person employed in any industrial establishment to do any
skilled or unskilled
manual, supervisory,
technical or clerical work
for hire or reward,
whether the terms of employment be expressed or implied. [Sec. 2(i)]
matters required in the Standing Orders. Obligatory on the part of an employer or a group
of employers to furnish of the draft standing orders
2. Within 6 months from the date on which this Act becomes applicable to industrial
establishment, the employer shall submit to the Certifying Officer 5 copies of the draft
standing orders proposed by him. Draft has to enclose the prescribed particulars of the
workmen
3. Subject to such conditions as may be prescribed, a group of employers in similar
industrial establishments may submit a join draft or standing orders under this section.
The status and name of the trade1 unions to be given.
4. Provision shall have to be made as such every matter set out in the Schedule which may
be applicable to the industrial establishment and were model standing orders have been
prescribed.
It was held in U.P. State Sugar Corporation & Authority Vs. Bipin Kumar Mishra 2 that there is
no requirement under the Act to frame standing order in respect of transfer, hence the employer
cannot be denied the normal right to transfer an employee from one place to another. The
employer cannot be denied the right to frame rules and regulations relating to transfer of
employees.
In S.K. Sheshadri Vs. H.A.L. and others 3, the validity of the standing order which made unduly
lending in the company premises a misconduct was challenged a violative of Art.14 of the
constitution. The said Standing Order was held not to be discriminatory. It was futher held that as
long as the Standing Orders fall within the schedule to the Act, they would not be invalid or
ultravirus because they contain additional provisions not provided for in the Model Standing
Orders.
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2
APPEAL
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:
Confirm the standing orders in the form certified by the certifying officer
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
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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. (Section 7)
ACTS 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 employers 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
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.
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
10. The appropriate Government may after previous publication by notification in the
Official Gazette, make rules to carry out the purpose of the Act.
BIBLIOGRAPHY
Dr. S.N Mishra, Labour and Industrial Law, Pg.No.329, 330, 333, 338, 342, 346.
http://www.indiankanoon.org/doc/1376794/ visited on 18/09/2014.
http://www.manupatra.com visited on 18/09/2014.
http://hrylabour.gov.in/docs/labourActpdfdocs/Industrial_Employment_Act.pdf visited on 20/09/2014.