INDUSTRIAL EMPLOYMENT

(STANDING ORDERS)ACT, 1946

To Fr. Barnad Bara
BY:
Aman Sinha
Aman Yande
Amit Kumar Parida
Akshay Ananthapadmanabha
INTRODUCTION
Passed in 1946 Came in force on 23rd April 1946 Has
15 sections.
Passed because the condition of service were not
uniform & well defined.
Under Section 1
Extends to the whole India
Applies to every industrial establishment wherein 100 or
more workmen are employed or were employed on any
day of the preceding 12 months.
Nothing in this act shall apply to
i. any industry to which the provisions of chapter vii of
the Bombay industrial relations act 1946 or
ii. any industrial establishment to which the provisions of
the Madhya Pradesh industrial employment(standing
orders) act 1946
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OBJECTIVES
To require employers in industrial establishments
formally to define conditions of employment under
them.
To require employers to define the terms and
conditions( discharge, holidays, tenure, leaves,
disciplinary action ,working hours, pay days etc. ) of
employment and make it known to workers.
To minimize industrial conflicts.
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DEFINITIONS
Under section 2

APPELLATE AUTHORITY:
An authority appointed by the appropriate government by
notification in the official gazette to exercise in such area
as may be specified in the notification.
APPROPRIATE GOVERNMENT:
In respect of industrial establishments under the control
of the Central Government or a Railway administration
or in a major Port, mine or oil field, the Central
Government, and in all other cases, the state
government.

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DEFINITIONS

CERTIFYING OFFICER:
Labour commissioner or a regional labour commissioner and
includes any other officer appointed by the appropriate
government, by the notification in the official gazette to perform
all the functions of certifying officer.
EMPLOYER:
I. The owner of the industrial establishment to which this act for
the time being applies and includes- (i)In a factory, any person
named under [clause (f) of sub-section (1) of Section 7 of the
Factories Act,1948], as manager of the factory;
II. In any industrial establishment under the control of any
department of any Government in India, the authority
appointed by such Government in this behalf, or where no
authority is so appointed, the head of the department;
III. In any other industrial establishment, any person responsible
to the owner for the supervision and control of the industrial
establishment.


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DEFINITIONS
INDUSTRIAL ESTABLISHMENT:
An industrial establishment as defined in clause
i. (ii) of Section 2 of the Payment of Wages Act,
1936, or
ii. (ii)A factory as defined in clause (m) of Section 2
of the Factories Act, 1948, or (iii)A railway as
defined in clause(4) of Section 2 of the Indian
Railway Act, 1890, or
iii. (iv)The establishment of a person who, for the
purpose of fulfilling a contract with the owner of
any industrial establishment, employs workmen

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DEFINITIONS
PRESCRIBED:
Means prescribed by rules made by the
appropriate government under this act.
STANDING ORDERS:
Means rules relating to matters set out in the
schedule.
TRADE UNION:
Means a trade union for the time being registered
under the Indian trade union act 1926 (i) wages
and workman have the meanings respectively
assigned to them in clauses (rr) and (s) of Section 2
of the Industrial Disputes Act, 1947

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DEFINITIONS
MODEL STANDING ORDERS
The Central and State Govt. have framed their own
rules on the matters stated in the ACT .
Classification of workers-
i. Permanent,
ii. Probationer,
iii. Badli,
iv. Temporary Worker
v. Workmen,
vi. Casual,
vii. Apprentice
Tickets : To permanent workman
Cards : Number of days etc.

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PROCEDURE FOR APPROVAL OF
STANDING ORDERS
UNDER SECTION 3
Under sub section (1) , (2) & (3): within 6 months
from the act becomes applicable to an industrial
establishment the employer should submit 5
copies of the draft standing orders to the certifying
officer with provision shall be made for every
matter set out in the schedule which may
applicable to the industry. Establishment and
where model standing orders have been
prescribed such as name workmen and also
name of the trade union to which they belong.
Under sub section (4): And if the group of
employers in the similar in industry. Establishment
they may submit joint draft of standing orders
under this section.
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PROCEDURE FOR APPROVAL OF
STANDING ORDERS
UNDER SECTION 4
Standing orders shall be certifiable under section 4 if
i. Provision is made there in for every matter set out in
the schedule which may applicable to the inddustry.
Establishment
ii. The standing orders are conformity with the provisions
of this act. Under section 5
Under sub section (1):
On the receipt of the draft under section 3 the certifying
officer shall forward the copy to the trade union with a
notice in the prescribed form requiring objections if any
objection to be submitted within 15 days from the receipt
of the notice.
Under sub section (2):
After that certifying officer give opportunity of being
heard to employer, trade union or representatives of
workmen.

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PROCEDURE FOR APPROVAL OF
STANDING ORDERS
UNDER SECTION 4 (CONT)
certifying officer shall decide for any modification or
addition to the draft.
After that certifying officer certify the draft standing
orders and within 7 days they send copies of
certified standing orders authenticated in prescribed
manner to the employer ,to the trade union or other
prescribed representatives of the workmen.
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APPEALS
Under section 6
Under sub section (1):
Any employer, workmen, trade union or other prescribed
representative of the workmen aggrieved by the order of the
certifying officer under sub section (2) of the section 5, they
may appeal within 30 days from the date on which copies are
sent under sub section (3) of section 5 to appellate authority
Appellate authoritys decision shall be final and appellate
authority shall give written confirmation that the standing
orders either in the form of certified by certifying officer or after
amending the said standing order by making modifications or
addition to be certifiable under this act.
After that under sub section (2)
The appellate authority shall send copies there of to the
certifying officer, to the employer and to the trade union or
other prescribed representatives of the workmen within 7 days
under section 6 and sub section(1), accompanied, unless it
has confirmed without further modification the amendment
which is certified by certifying officer, by copies of the model
standing orders together with the amendments

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MODIFICATION OF STANDING ORDERS
UNDER SECTION 10
Under sub section (1),
After finally Standing orders 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 in to operation,
except on agreement between the employer
and the workmen or a trade union or other
representative body of the workmen.
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MODIFICATION OF STANDING ORDERS
UNDER SECTION 10 (CONT)
Under sub section (2):
Subject to the provisions of sub-section (1), an employer
or workman or a trade union or other representative
body of the workmen may apply to the Certifying Officer
to have the standing orders modified, and such
application shall be accompanied by five copies of the
modifications proposed to be made, and where such
modifications are proposed to be made by agreement
between the employer and the workmen or a trade
union or other representative body of the workmen, and
a certified copy of that agreement shall be filed along
with the application.
Under sub section (4)
Nothing contained in sub-section (2) shall apply to an
industrial establishment in respect of which the
appropriate Government is the Government of the State
of Gujarat or the Government of the State of
Maharashtra.
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CERTIFYING OFFICERS AND APPELLATE AUTHORITIES
TO HAVE POWERS OF CIVIL COURT UNDER SECTION 11
Under sub section (1)
Every Certifying Officer and appellate authority shall
have all the powers of a Civil Court for the purposes
of receiving evidence, administering oaths,
enforcing the attendance of witnesses, and
compelling the discovery and production of
documents.
Under sub section (2)
Clerical or arithmetical mistakes in any order passed
by a Certifying officer or appellate authority, or
errors arising therein from any accidental slip or
omission may be corrected at any time by that
Officer or authority or the successor in office of
such officer or authority, as the case may be.
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PAYMENT OF SUBSISTENCE ALLOWANCE
UNDER SECTION 10A
Under sub section (1)
Where any workman is suspended by the employer
pending investigation or inquiry into complaints or
charges of misconduct against him, the employer shall
pay to such workman subsistence allowance-
i. (a) at the rate of fifty per cent of the wages which
workman was entitled to immediately preceding the
date of such suspension, for the first ninety days of
suspension; and
ii. (b) at the rate of seventy-five per cent of such wages
for the remaining period of suspension if the delay in
the completion of disciplinary proceedings against
such workman is not directly attributable to the
conduct of such workman.
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PAYMENT OF SUBSISTENCE ALLOWANCE
UNDER SECTION 10A (CONT..)
Under sub section (2)
If any dispute arises regarding the subsistence
allowance payable to a workman under sub-section
(1), the workman or the employer concerned may
refer the dispute to the Labour Court, constituted
under the Industrial Disputes Act, 1947 within the
local limits of whose jurisdiction the industrial
establishment wherein such workman is employed
is situate and the Labour Court to which the dispute
is so referred shall decide the dispute , after giving
the parties an opportunity of being heard, and such
decision shall be final and binding on the parties

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PENALTIES AND OFFENCES
UNDER SECTION 13
Under sub section (1)
An employer who fails to submit draft standing orders as
required by Section 3 or who modifies his standing
orders not in accordance with Section 10, shall be
punishable with fine which may extend to five thousand
rupees, and in the case of a continuing offence with a
further fine which may extend to two hundred rupees for
every day after the first during which the offence
continues.
Under sub section (2)
An employer who does any act in contravention of the
standing orders finally certified under this Act for his
industrial establishment shall be punishable with fine
which may extend to one hundred rupees, and in the
case of a continuing offence with a further fine which
may extend to twenty-five rupees for every day after the
first during which the offence continues.

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PENALTIES AND OFFENCES
UNDER SECTION 13 (CONT..)
Under sub section (3)
No prosecution for an offence punishable under
this section shall be instituted except with the
previous sanction of the appropriate Government.
Under sub section (4)
No Court inferior to any offence under this section.

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