Industrial Employment (standing orders) Act, 1946 which came into the
force before the independence of our state. It was established for the purpose of a peaceful
relationship between the employer and employee in industrial matters. This act brought
uniformity in the condition, terms and duration of the employment, with this, they can minimize
the conflicts between them with the aid of standing orders.
In this order, the workmen used to
get the clear terms and conditions of their work. This order also provides some remedy for the
workmen and also for the employers to deal with their industrial disputes. The preamble of this
act compels the employer to provide sufficient terms and conditions for the employee in his
So, basically a standing order is like a peaceful treaty between the employee and
employer in an industrial relationship. We are going to discuss about the matters of providing
the standing orders and certifying standing orders with the aid of the case laws. We are here
going to talk about these Standing order matter.
This act aims to ensure that all employees receive benefits such as:
- This act, the Industrial Employment (Standing orders) Act, 1946 aims to
provide the wages, duration of hours of work, attendance and holidays like
these industrial oriented matters-which gives a clear and certain view of
industrial terms and conditions.
- It also provides facilities and act as a aid to the employee through the
employer in the matters of medical and welfare schemes of the employee in
- This order provides the terms and conditions of the workmen as said
previously in the intro and also tells the mode of payment through cash or cheque to the employee. The
order consists of the adjudicating dispute regarding the breach of the terms and
condition of the employee.
- A minimum wage should be provided for every hour of work
- Payment of bonuses at certain intervals during the year
- Paid days off
- Provision of a peaceful environment in the workplace
To provide minimum security for the workers in their employment with this order.
The Standing order context of all the matters said in the points these all the provision
which applies to the employee therein irrespective of their size.
These orders are created for the peaceful relationship between the employer and employee in
their industrial premises.
Applicability Of This Act:
It was said under the Section 1 of the Industrial
employment (standing orders) act, 1946 which says that when there are more than 100
workmen the industry then this act will be applicable there are some exceptions from this
applicability of the act was under Section 1(4) and 13(b) of this Act.
The schedule of the Industrial Employment (Standing Orders) act, 1946 consists of:
Section 3 -13
Section 3: (Process For Submission Of Draft Standing Orders)
- Type of employee permanent, temporary or apprentices
- intimation to the workmen about the wages, duration of work, holidays,
paid holidays, etc.
Section 2 (g) of the Industrial employment (standing orders) Act, 1946 4
Schedule of the Industrial Employment (standing orders) Act, 1946
- Standing orders� means the rules relating to matters which and all said
in the schedule.
- The presence and late presence
- Conditions and procedures to apply for the leave and holidays and about
- About the essential requirements to enter the industrial premises and
the employee liability during the search.
- Encloses about the temporary stoppages, closing and reopening in the
industrial premises and also about the rights and liabilities of the
employer and employee.
- About the tenure of employment and the notice should be issued to the
workmen by the employer.
- Matters which all lead to suspension and dismissal for misconduct at
work and also about the acts and omissions which amount to constituency
- Redress for the workmen when there is unfair treatment or mistakenly
laid off of the workmen by the employer or his agents or by his servants.
- Any other matters which is prescribed in the standing order.
Earlier we dealt with the applicability of this act. So, as mentioned earlier once the company
or industry attains the capacity of 100 workers or more, then they have to apply for the draft
standing order within 6 months of the achievement of the minimum capacity of workers (100
After setting out the rules of their industry with the aid of schedule contents as per their
industrial needs and wants. They have to send 5 copies of the draft standing to the certifying
officer. When the order consists of all rules in order, then it will be considered as the model
standing order. A rough sort of work is a draft stranding order and if the order consists, the rule
of the schedule means it is called a model standing order.
Later on, this model, standing order copies of the industry will be sent to the workmen and
trade union of the respective industry by the certifying officer. If they have any objection to
the standing order, it means the workmen and trade union have to inform the certifying officer
within 15 days, then the certified officer will modify the order by going through the objection
of the workmen or trade union.
61. S.K. Sheshardri v. H.A.L and others
In this case, the honourable KHCsaid that the standing orders should be within the
scheduled context of the act. And the industry management can additionally add their provision
in the model standing order which is not deemed to be invalid or ultra vires of the act.
72. Hindustan Lever v Workmen
The transfer of workmen from one department to another department within the industry.
It does not affect the contract of employment. They just transferred the employee to the other
department. So, the workmen who had the dispute had to prove that it's invalid.
83. Management of Continental Construction Ltd. V Workmen of Continental
In this case, the court held that the probationer employee can be terminated at any time
ILR 1983 Kar 634
7AIR 1974 SC 17
ILR 2004 KAR 54
by the employer but that termination must be in the context of the principle of natural justice,
then the termination will be held as a valid termination.
Section 4: (Conditions for certifying of standing orders)
A Standing order shall
certify when it consists of the set-out context of the schedule and it should also prevail with the
provision of the act. Basically, this provision says that the standing order must be in context
with the schedule and provision of this act, then it will only be considered a valid one.
Section 5: (Certification of standing orders)
The certified officer used to reasonable
opportunity to the workmen and the trade union. They can make their objection or something
like that to the certified officer within 15 days later. He will consider it if it is a reasonable
objection made by them. If there is no objection or anything from them, it means the certified
officer has to certify the standing order within 7 days.
Section 6: (Appeals)
The appeal should be made within 30 days from the date on
which the copies are sent under Section 5 of this act. The aggrieved party only has to go for the
appeal. This appeal will be made to the appropriate government. They will appoint the
appellant authority to decide the dispute or object which is in the standing order. This authority
has to conduct a fair trial and has to decide the case within 7 days from the appeal made before
Section 7:( Date of operation of standing orders)
When the appeal was
preferred for the certified standing orders then the operation or enforcement of the standing
orders will not take place. If suppose appeal is not made means within 30 days of the
certification of the standing orders it will come into force. And later copies of the standing
order will be issued to both the employer and employee.
Section 8: (Register of standing orders)
The certified authority used to maintain
all the copied of the certified standing orders with him for the maintenance purpose and he will
also issue the copies to the person who is applying for the copy of the standing order by paying
Section 9: (Posting of standing orders)
The text of the finalised standing order will
be attached in the notice board of the industrial premises. The notice should be in the near of
the entrance of the industry by which the majority of workmen can easily read it. Those
finalised standing order should be in English and in any language by which majority of the
workmen understand it.
Section 10: (Duration and modification)
In general, we
cannot modify a standing order unless there is an agreement between the parties (employer and
workmen) about the modification of the standing orders. This modification is also done by a
Section 11: (Certifying officers and appellate authority have the powers
of civil court)
This provision says that every certifying officer and appellate authority shall
have all the powers of the civil court, like they can ask for evidence, administer oaths,
production of documents, etc. They will fall under Sections 345 and 346 of the Code of
Criminal Procedure, 1973.
Section 12: (Oral Evidence)
This provision says that the oral evidence didn't has any
effects of adding or varying something in the certified standing orders. In any court the certified
final standing order only admissible.
Section 13: (Penalty and procedure)
When a standing order is incompetent with the set out
of Section 3 or modifies a standing order as mentioned in Section 10 of this act by the employer.
When an employer does act according to the standing order, then he will be liable for a fine.
The fine amount can be extended to about one hundred rupees. If the defects continue to prevail
with the certified standing order, then he will be liable to a fine of twenty-five rupees every
day from the date of the first offence.
Section 13-A: (Interpretation)
When there is an issue or question in the certified
standing order, the Labour court will interpret those standing orders and settle the case.
As of now we dealt with the provisions and now we are going to see some general case laws
of the standing orders.
91.Punjab National Bank v All India Punjab National Bank Employees
Federation and Others
The honourable supreme court held that the certified standing orders are
has the binding effect not only on the employer and employee of the industry but
also has the effect with the trade union of the employees.
102. Delhi Transport Corporation v Dal Chand Yadav & Ors
The supreme court that the standing orders are consider as a part of the contract of the
employment between the employee and employer. So, if any are going take place in the
(1960) 2 LLJ 684
10 (1992) 1 SCC 381
standing it should be done with the mutual consent of both the employer and employee and
those changes should be in accordance with the employment standing orders act, 1946.
113.Hindustan Steel Ltd. V. The Presiding Officer, Labour Court
The courts said that the Industrial employment standing orders act, 1946 which
prescribed the standard format to the standing orders so, all the standing order should prevail
with the prescribed format of the act. If not means it will be held as invalid standing order.
11 1977 AIR 31, 1977 SCR (1) 586
In this project we have seen lots of information's and significant of the
Certified standing orders. Earlier of this project we saw the objectives, purpose and some
features of the standing order. In this project we dealt only with the provision 1-13 of the
Industrial employment (standing orders) Act, 1946.
Firstly, we discussed about the applicability
of the standing orders and also seen the definition of the standing orders. Later came to the
important of the point of the assignment we seen the conditions and procedures to apply for the
We also dealt with the appeal of the standing orders and the jurisdiction of the
appeal to be made. My suggestion about the standing order is both the employer and employee
should make the order in favour of both with mutual consent. And the contents of standing
orders should be in practice strictly without any partiality.
- Dr, V.G. Goswami, Labour and Industrial Laws, 11th Edition, 2019
- Commercials, Bare Act of Labour & Industrial Laws, 2023
- Industrial Employment (Standing orders) Act, 1946, available at https://vakilsearch.com/blog/industrialemployment-standing-orders-act/ (visited on 29/7/23)
- Industrial Employment Standing Orders Act, 1946, available at https://www.deskera.com/blog/industrialemployment-standing-orders-act-1946/
(visited on 29/7/23)
- The Industrial employment (Standing orders) Act, 1946, available at
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