Vijaya Malik| Lloyd Law College| 17th June 2020
Introduction
This act came into force on 23 April 1946. It applies to the whole of India. It contains rules and regulations regarding industrial employment. This act was enacted to bring uniformity, industrial peace and to establish a cordial relationship between management and workers of all organizations for smooth functioning and to enhance productivity. It applies to those industries where the number of employees is 100 or more and even for a single day in the preceding 12 months, the workmen were 100 or more of that particular industry. An appropriate government (state or central government) is empowered to apply this act in such industrial establishment where the number of workers is less than 100 by giving a two months notice, under section 1 of Industrial Employment (Standing Order). There are some industrial establishments that are controlled by the central government so in this case, the central government will be the appropriate government to make decisions for that industry like Indian Railway administration, major ports, oil fields, (according to section 2B).
According to section 2G of this act, a standing order is the rules relating to matters set out in the schedule to the Act. This act came up with some standard rules or standing orders which will be followed by every industrial establishment. It requires employers to clearly define the rules and working conditions of employment.
Objective of the Standing Orders Act, 1946
- The main objective of this act is to enforce uniformity in the working conditions of different employees of different industrial establishments.
- Once the industrial establishment comes under the Standing Orders Act rules, the employer can not change the rules of employment and can-not violate its worker’s rights and interests.
- Employment rules and conditions are given to the workers in written form so that they can think and then accept it according to their preference.
- This act was enacted to enhance the productivity level and providing a healthy working environment.
Scope of Standing Orders Act, 1946
There are some industrial establishments who are exempted from this act.
According to section 1 of the Standing Orders Act, this Act doesn’t apply to those industrial establishments where provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 applies and, also where provisions of Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 applies.
As mentioned in section 13 B of this Act, it has exempted some more industrial establishments from the domain of this Act like those industrial establishments where the workmen employed are the persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control, and Appeal) Rules, Civil Service (Temporary Services) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Service ( Classification, Control, and Appeal) Rules or the Indian Railway Establishment Code. And, also appropriate government (central or state) can notify through Official Gazette to exempt any other establishmentfrom this Act.
Moreover, according to section 14 of this Act, the appropriate government is empowered to exempt any of the industrial establishment, conditionally or unconditionally from all or any of the provisions of this Act.
Importance of Standing Order Act in industrial relations
As mentioned above this act was enacted to bring uniformity between organizations. Every organization has set some rules and regulations for its functioning but under this act, if an organization qualifies all the conditions mentioned above then this act will apply to that particular organization. We can say that this act has a set of common rules and regulations related to employment, which is followed by all industrial establishments that come under this act.
It secures the need and interest of employees from violation by giving a healthy working condition. According to section 10A (1) If a workman has been suspended by his employer and pending investigation or inquiry into complaints or charges of misbehavior or illegal behavior against him, Than the employer has to pay to the workmen. And also according to section 13(2) if an employer does not work in accordance with the rules laid down under this act then he will be punished with a fine of one hundred rupees and if he continues to repeat this same mistake then twenty –five rupees will be extended for every day when he repeated the same mistake from the first time.
After going through these sections we can say that this act enables the employer to work in accordance with specified rules of this act to save the need and interest of employees.
Some related cases
- Barauni Refinery Pragati Sheel Parishad vs. Indian Oil Corporation Ltd. (1991) 1 SCC 4
- Derby Textiles Ltd. vs. Karamchari and Shramik Union (1991) 2 LLN 774
- Air Gases Mazdoor Sangh, Varanasi vs. Indian Air Gases Ltd., 1977 Lab. I.C. 575
- Khadi Gram Udyog Sangh vs. Jit Ram, 1975-2 L.L. J. 413
- Indian Express Employee Union vs. Indian Express (Madurai) Ltd. (1998) 1 Cur LR 1161 (Ker).
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