The Industrial Employment Standing Orders Act, 1946

The Industrial Employment Standing Orders Act, 1946

1. The Industrial Employment (Standing Orders ) Act, 1946 Prepared by- Sandip Satbhai Assistant Professor NBT Law College, Nashik-05 (New Law Guruji ) 1

2. Introduction The Labour Investigation Committee, in its Report, at p. 113 (1946) had observed “An industrial worker has the right to know- The terms and conditions under which he is employed and The rules of discipline which he is expected to follow. The Rules of Service have been very elastic to suit the convenience of employers. No doubt, several large-scale industrial establishments have adopted standing orders and rules to govern the day to day relations between the employers and workers, but such standing orders or rules are clearly one sided. 2

3. It was to ameliorate these evils that the Industrial Employment (Standing Orders) Act, 1946 was passed Before this Act, there was no law to prevent the employer from having different contracts of employment with workmen that led to confusion and discriminatory treatment. The Tripartite Labour Conference pleaded for defining the conditions of employment so as to create harmonious relations between employer and workmen. Before this Act victimisation and unfair labour practices were quite frequent. The industrial worker had no right to know the terms and conditions and rules of discipline of his employment. 3

4. Objectives To define conditions of employment under them and to make known the said conditions to workmen. To require employers to define the conditions of work To bring about uniformity in terms and conditions of employment. 4

5. Objectives To minimize industrial conflicts. To foster harmonious relations between employers and employees. To provide statutory sanctity and importance to standing orders. 5

6. Applicability The act is applicable to the whole of India and extends to all industrial establishments wherein the number of workmen employed is 100 or more on any day of the preceding 12 months. 6

7. 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. All workmen employed in any industrial establishment to do any skilled or unskilled, manual, supervisory, technical, clerical work are covered. including apprentices. Persons employed mainly in a managerial/administrative/supervisory capacity drawing wages exceeding Rs.1600 are not covered.  7

8. Definitions Standing Orders- the rules of conduct for workmen employed in industrial establishments, relating to matters such as Classification of workmen Working hours Holidays Attendance Leave Termination of employment Suspension Dismissal Misconduct 8

9. Definition Model Standing Orders- The draft prescribed by the central and state government to serve as an exemplary pattern of the rules of conduct based on which the industrial establishments can draft their own standing orders and get them certified by the certifying officers appointed for this purpose. 9

10. The Supreme Court in Bagalkot Cement Company Ltd. v. Pathan (K.K.). [(1962) 1 L.L.J. 203)] , held that certified standing orders have statutory force and after they are certified, constitute the statutory terms of employment between the industrial establishment in question and their employees. Again in Western Indian Match Co. v. Workmen, (AIR 1964 S.C. 1458) the Supreme Court spoke in similar terms: “The terms of employment specified in the Standing Order would prevail over the corresponding terms in the contract of service in existence at the time of the enforcement of the Standing Order.” 10

11. Certification Process- its Operation A Binding Effect Submission of Draft Standing Orders by Employers Section 3 of the Industrial Employment (Standing Orders) Act (hereinafter referred to IESOA) requires every employer of an “industrial establishment” to submit draft standing orders, i.e., “rules relating to matters set out in the Schedule” proposed by him for adoption in his industrial establishment. Such a draft should be submitted within six months of the commencement of the Act to the Certifying Officer. 11

12. Failure to do so is punishable and is further made a continuing offence. The draft standing orders must be accompanied by particulars of workmen employed in the, establishment as also the name of the trade union, if any, to which they belong. Under sub-section 4, of Section 3, if the industrial establishments, are of similar nature, the group of employers owning those industrial establishments may submit a joint draft of Standing Orders. 12

13. Procedure For Certification of Standing Orders When the draft standing orders are submitted for certification, the Certifying Officer shall send a copy of the draft to the trade union, if any, or in its absence to the workmen concerned, to file objections, if any, in respect of the draft standing orders, within fifteen days of the receipt of the notice. He is further required to provide hearing opportunity to the trade union or workmen concerned as the case may be 13

14. Certifying Officers: Their Appointments, Powers And Duties The Certifying Officers under the IESOA means as Labour Commissioner or a Regional Labour Commissioner, 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 Certifying Officer under the Act. He is “the statutory representative of the Society.” Section 11 (1) vests certifying officer and appellate authority with all the power of a Civil Court for the purposes of. (i) 'receiving evidence; (ii) enforcing the attendance of witnesses; and (iii) compelling the discovery and production of documents. He shall also be deemed to be the ‘Civil Court’ within the meaning of Sections 345 and 346 of the Code of Criminal Procedure, 1973. 14

15. Register of Standing Orders Section 8 of the Act provides that a copy of all standing orders as finally certified under this Act shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose, and the Certifying Officer shall furnish a copy thereof to any person applying therefore on payment of the prescribed fee. 15

16. Posting of Standing Orders Section 9 of the Act requires that the text of Standing Orders as finally certified in accordance with the provisions of this Act be permanently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed. 16

17. Payment of Subsistence Allowance   In 1982, a new Section 10-A was added to make a provision for subsistence allowance to suspended workmen which provides: 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 at the rate of fifty per cent of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension, and 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. 17

18. 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 (14 of 1947) within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situated and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties. However where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence in that State, 18

19. Power to Make Rules Section 15(1) of the Act empowers the appropriate Government to make rules to carry out the purposes of this Act after previous publication by Notification in the Official Gazette. Section 15 (2) provides that in particular and without prejudice to the generality of the foregoing power, such rules may- prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition; set out model standing orders for the purposes of this Act; 19

20. prescribe the procedure of Certifying Officers and appellate authorities; prescribe the fee which may be changed for copies of standing orders entered in the register of standing orders; provide for any other matter, which is to be or may be prescribed. 20

21. Employees Covered Under This Act Every person employed in an industrial establishment to do any Manual Clerical Skilled Unskilled work Is covered under this act 21

22. The Act Does Not Apply To- Persons subject to- Army Navy Air force Police service Employee of prison 22

23. Contents of Standing Orders Date on which the standing orders shall come into force Classification of workmen as Permanent Probationers Temporary Casual Apprentice and their service record Issue of token working hours of the establishments Holidays and pay days Prevailing wage rates in the establishments Shift timings and notice of changes of shift timings Attendance record and late coming 23

24. Contents of Standing Orders Leave Provisions Absence from Place of Work Provisions of Payment of Wages Termination of Employees Disciplinary Actions for Misconduct Grievance Redressal Procedures Provisions of Fringe Benefits Free Copy of Standing Orders to All The Employees 24

25. Obligation of Employer The employer must submit to the certifying officer, 5 copies of the standing orders which he propose to adopt Employer must do so within 6 months from the date the act becomes applicable to the establishments. Employer must not modify the standing orders without the approval of the certifying officer. Employer must display the approved standing orders in a prominent place in the establishments . 25

26. Obligation of Employee 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 26

27. Misconducts Wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior, Theft, fraud or dishonesty in connection with the employer’s business or property, Wilful damage to or loss of employer’s goods or property, Taking or giving bribes or any illegal gratification, Habitual absence without leave or absence without leave for more than 10 days, 27

28. Habitual late attendance, Habitual breach of any law applicable to the establishment, Riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline, Habitual negligence or neglect of work, Frequent repetition of any act or omission for which a fine may be imposed to a maximum of 2 per cent of the wages in a month, Striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law. 28

29. Disciplinary Procedure in Industries/Domestic Inquiry A disciplinary enquiry is carried out, based on the principles of natural justice, whenever any employee commits any misconduct. The Industrial Employment (Standing Order) Rules that provide lists of acts and omissions considered as misconduct. 29

30. The disciplinary procedure involves the following steps: Preliminary Investigation Issue of a Charge-sheet Suspension Pending Enquiry Notice of Enquiry Conduct of Enquiry Recording the Findings Awarding Punishment Communicating Punishment 30

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