very informative

1. Definition of Standing Orders
Importance
Useful in terms of
 Scope and Application
Submission of Draft Standing Orders
 Certification of Standing Orders
 Penalty
BY
SUVIDHA KUDTARKAR

2. Important Definitions
The term ‘Standing Orders’ means rules relating to
matters set out in the Schedule of the Act.
 Appropriate Government: State Government, Central
Government.
 Certifying Officer: means Labour
Commissioner/Regional Labour Commissioner and
includes any other officer appointed by the
appropriate Government, by notification in the
Official Gazette to perform such duties.
 Employer: owner of the establishment

3. Importance
 No uniform practice governing the conditions of service of workers
 No clarity of rights and obligations of the employer
 In respect of terms of employment, friction/dispute between
management and worker
 Demand for statutory service conditions raised by Bombay Cotton
Textile workers in 1927-28
 The Bombay Industrial Disputes Act of 1938 for the first time provided
for statutory standing orders.
 The Labour Investigation Committee emphasized the workers’ right
to know the terms & conditions of employment

4. Its Useful in below terms
 To require employers to define the conditions of work
 Helps to bring about uniformity in terms and conditions
of employment
 Helps to minimize industrial conflicts
 Helps to foster harmonious relations between employers
and employees.
 Helps in providing statutory sanctity and importance to
standing orders

5. Scope and Application
 Extends to the whole of India
 To every establishment wherein 100 or more workmen are
employed
 On any day preceding twelve months
 Once applicable to the establishment then it continuous if
the no. of workmen employed gets reduced to less than
100
 The appropriate Govt. can exempt any establishment from
any of the provisions of the Act

6. Continuous…..
 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.
 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.

7. Schedule
Matters to be contained in the Standing Orders
 Classification of the workmen : temporary, casual, apprentices
 Manner of intimating to workmen
 Shift working
 Attendance and late coming
 Conditions of, procedure in applying for, and the authority
which may grant leave and holidays
 Requirements to enter premises by certain gates and liability to
search
 Closing and reopening of sections of the establishments,
temporary stoppages
 Suspension or dismissal for misconduct
 Acts and omissions which constitute misconduct

8. Submission of Draft Standing Orders
 Obligatory on the part of an employer or a group of
employers to furnish of the draft standing orders
 Within 6 months of the application of the Act the
employer shall submit the draft standing orders
 Copies to be given to the certifying officer
 Draft has to enclose the prescribed particulars of the
workmen
 The status and name of the trade unions to be given.
 It has to take all matters set out in the Schedule.

9. Procedure for Certification of Standing Orders
 Copy of draft standing orders to be sent to trade
union/workmen
 Opportunity of hearing to trade union/workmen to be
provided
 Certification
 Certified standing orders have the force of law and the
violation of any provision shall be taken action
 Standing orders to be applicable to all present and future
workmen

10. Payment of Subsistence allowance
 Payment of subsistence allowance by an employer to a
workman who has been suspended by the employer
and his investigation is pending
 the allowance shall be at the rate of 50% of the wage
for the first 90 days of suspension
 The allowance shall be 75% of the wage after 90 days
if the investigation is delayed due to employer

11. Penalty
 Any employer fails to submit draft standing orders or
modifies it, shall be punishable with fine which may
extend to Rs. 5000.
 In case of continuance of the above offence, fine up to
Rs.200 per every day.
 Any contravention of Standing Orders is punishable
by Rs. 100 fine .