BUILDING NATURE AND EFFECT OF CERTIFIED STANDING ORDERS

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This article is written by Adhoksha Sarode of 7^th Semester of Adv. Balasaheb Apte college of law affiliated with Mumbai university

ABSTRACT

There failed to be any kind of oneness until this act arose, when they were faced with such times regarding that the act was not in force there seemed to be of a task to deal with the same, when one talks about employer-employee relationship it is bound for an act to be in force to conjure with its liabilities. The first need for this act came through in the Bombay cotton textile workers in 1927-28. The Bombay textile labour enquiry commission, 1940 commented upon the employment aspect of the working class which stated-

There seem to be no fear other than a textile worker loosing his job because that’s the only agenda which is solely important to him. When there is a dispute between the workers it is a known fact that there would be resignations but it should also be important that the employer should take atter in his own hands and look into the matter to prevent the same.

In another case, as the society had a vital interest in both, settlement of terms of employment of industrial parties and therefore the settlement was made leading to labour problems. [1]

Keywords– employer-employee relationship, liabilities, Bombay textile labour enquiry commission, resignations, industrial parties.

INTRODUCTION

The Industrial employment standing orders amendment act, (IESO) 1982 came into force with effect from May 17, 1982. Section 10-A talks about payment of subsistence allowance by the employer at the rate of 50% for the 90 days suspension period and 75% for maintaining for the remaining period if the delay is not attributable to the work of the workman.

SECTION 1 EXTENT AND APPLICATION

The act may be called Industrial employment standing orders act(IESO), 1946 and it extents to the whole of India and it also applies to every individual where one hundred or more workmen are employed or were employed for that duration for any day of the preceding twelve months, which is provided by the appropriate government being not less than two months’ notice of their intention to do so, by the notification in the official gazette which applies to the provisions of the act to any industrial establishment which employs any such number or number of persons being less than one hundred as may he said in the notification.

THE OBJECT OF THE ACT

The sole purpose of this act is to have uniform standing orders for all the workers for all those who were employed before and after because when it comes into force it becomes binding in the employment of concerned establishment, as well as appointed thereafter[2].

IMPORTANCE FOR THE WORKERS OF THE IESO ACT

The act works whole and sole for the betterment of the workers and came into being for the said purpose and achieves its goal efficiently, the keys for the same are mentioned as follows-

1) It provides a sense of uniformity throughout all the country.

2) The disputes regarding the same are consoled by ways of resolutions, conciliation or arbitration.

3) The law applies to all the factories, mines and oilfields etc. other industrial establishments employing 20 or more workers on any day in any one year or working 26 or more days in any one year.

WHAT ARE STANDING ORDERS?

SECTION 2. Interpretation. – In this Act, unless there is anything repugnant in the subject or context.

Section 2. (g) Standing orders

It means rules relating to the matters set out in the schedule of this act. The following matters should according to the schedule be provided in the standing orders under this act:

Classification of workman for example- permanent, temporary, apprentice, probationers or badli.
The manner in which the intimation is done to the workman in terms of periods and hours, holidays, paydays and wage rate.
Shift working.
Attendance and late coming.
The conditions where the procedure is being stated for applying leaves and holidays.
The requirement to enter the premises by respective gates and the permission to search.
The closing and reopening of sections of the establishment for the temporary stoppages of work and for the rights and liabilities of the workman.
The termination and the notice which is given by the employer and the workman
To suspend or dismiss any workmen for misconduct or for any acts or omission which leads to misconduct
The means of redress for workman against unfair treatment or wrongful exactions by the employer or the agents or the servants.
Any other matter which made be prescribed.

In one case it was stated that the misconduct for which an employer may be dismissed need not necessarily have been committed in the course of employment[3].

In another case, the petitioner being a helper overcharged a consumer with high rates and so he was dismissed but later it was found that it was pure negligence and not misconduct[4].

WHAT ARE MODEL STANDING ORDERS?

A standing order is a contract between an employer and an employee which binds them together into a contractual relationship. The act is to require employers in the industrial establishment to formally define conditions of employments under them and submit draft standing orders to certifying authority for its certification.

The central government talks about model standing order in section 29 related to the terms and conditions of employment of workers like work timings etc.

WHAT ARE CERTIFIED STANDING ORDERS?

The certified standing orders consists of conditions of service binding upon the management and the employees serving already and in employment or maybe who are employed after certification.

PROCEDURE–

SECTION 3 SUBMISSION OF DRAFT STANDING ORDERS

During the time period of six months from when the act becomes applicable to an establishment only then will the employer be liable to submit five copies of the draft of the standing order which was proposed by him for the adoption in the establishment to the certifying officer.
The rules would be applicable in such manner that it would be levied in the establishment and where the model standing order has been prescribed which confirms with the other orders.
The draft of the standing order would be accompanied with the details of the workmen and also the trade union in which they are enrolled with in the establishment.
The conditions related to the same subject which are prescribed would be applicable to an establishment whom are supposed to submit a draft of the standing orders under the said proposed section.

In one case, the employee was denied the right of transfer but it was stated that there was no requirement under the act to frame standing order with related to transfer of an employee from one place to another[5].

SECTION 4 CONDITIONS FOR CERTIFICATIONS OF STANDING ORDERS

The certifying officer shall certify the standing orders under the act if-

The provisions which are made in the standing order for every matter which is applicable to the establishment,
The standing order is in rule with the said act.

SECTION 5 CERTIFICATION OF STANDING ORDERS

When the draft standing orders is submitted to the certifying officer, he shall forward a copy of it to the trade union if any of the workmen or where there is no trade union to the workmen in such manner as may be prescribed together with the notice in the prescribed form requiring objections, if any which the workmen may desire to make to the draft of standing orders.

The workmen or the trade union is required to submit the objections to the certifying officer within fifteen days from the receipt of the notice. The certifying officer shall give the employer, trade union or the representatives of the workmen opportunity of being heard. He shall, thereafter, decide whether any addition or modification in the draft of the standing orders Is necessary or not to render it certifiable under the act and shall make an order in writing. The certifying officer shall, after making modifications, if any, certify the draft. He shall, within seven days from certification of the draft, send certified copies of it duly authenticated in the prescribed manner and of his order under section 5 (2) to the employer, trade union or other prescribed representative of the workmen.

The purpose for the standing orders and getting them certified by a respected certifying officer is that the conditions should be regulated by it as it will be binding on them.

In one case it was seen that no modification in the standing order is allowed when it is related to a settlement matter, because the demand in respect of the age of retirement was not acceded to the modification.

SECTION 6 APPEALS

Any employer, workman, trade union or other prescribed representatives of the workmen aggrieved by the order of the certifying officer may within 30 days from the date of which copies of the draft standing orders are sent, appeal to the appellate authority whose decision thereon shall be final.

The appellate authority by order in writing confirm the standing orders either in form certified by the certifying officer or after the amendments made in such modifications as it is valid which is necessary to render the standing orders under the respective act.

The appellate authority shall within seven days of its order send copies of the draft standing order to the certifying officer, employer, trade union or other prescribed representatives of the workmen. In exception cases the appellate authority makes any changes then it shall send a copy of the amended standing order along with his order

In one case it was confirmed or amended that the appellate authority has no power to set aside the order of certifying officer[6].

SECTION 7 DATE OF OPERATION OF STANDING ORDERS

The standing order under appeal which is under section 10 would come into operation on the expiration of thirty days from the date of his given assent on the copies which are then later sent under subsection (3) of the section 5, where an appeal is accepted on the expiration of seven days from the date on which the copies of the order was given by the appellant authority which are then later sent under subsection (2) of the section 6.

SECTION 8 REGISTER OF STANDING ORDERS

A copy of all the 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, for the purpose and the certifying officer shall make a copy there of any person who applies there for any payment of the said fee.

SECTION 9 POSTING OF STANDING ORDERS

The notice of the standing order of the act shall be posted by the employer in any language which is known to the employees/workmen by majority be it English/ Hindi, on a special board or at a conspicuous place.

SECTION 10 DURATION AND MODIFICATION OF STANDING ORDERS

The standing order which is certified under the act will not be accepted on the agreement between the employer and the workmen or a union or any other body of the group of workmen would be liable to modification until it reaches the expiration of six months from the timeline it started from the date of the standing orders or the last modification came into being.

It was seen in one judgment that the section 10(2) does not contain any time for application as it can be made any time.[7]

SECTION 12 ORAL EVIDENCE IN CONTRADICTION OF STANDING ORDERS NOT ADMISSIBLE

There would be no oral evidence which would affect to varying or contradicting standing orders which is certified under the act which would be allowed in the court.

SECTION 12-A. Temporary application of model standing orders

(1) The act becomes applicable in the establishment since it comes into being and with the end date on the standing order which came into order under section 7 which talks about the prescribed model standing orders which are adopted in the establishment, also the provisions of section 9, sub -section (2) of section 13, 13-A would be applicable to model standing orders as they are to the standing orders which are certified.

(2) The wordings mentioned in subsection (1) would not be applicable to an establishment which corelates which the government no matter if it be state of Gujarat or the state of Maharashtra.

Section 12-A.–. Whenever there consists of two categories of workmen, one being related to daily rated workmen and the other related to the monthly rated workmen, there are certified standing orders related to daily workers then the prescribed model standing orders should be deemed and would be adopted by those who are on the period of monthly basis unless they have their specific categories.

In one case, the certified standing order would work only on daily rated workmen, whereas the model standing orders can be applied to monthly rated workmen[8].

SECTION 13. Penalties and procedure

(1) Any employer who fails to submit their draft standing orders as stated in section 3, who modifies his standing orders other than which is stated in section 10 would be punishable with fine which may go up until five thousand rupees, and if the crime persists the fine may go up until two hundred rupees every day after the first till when the offence continues.

(2) Any employer who carries any act in accordance of the standing orders who is certified for his work in the industrial establishment will be punishable with fine which will etc.=extend to one hundred rupees, and if the offence continues then the fine would go up until twenty-five rupees every day after the first till when the offence continues.

(3) No court which is inferior to that of section 29 (a metropolitan or judicial magistrate of the second class) shall try any offence under the said section.

(4) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.

SECTION 13-A. Interpretation, etc., of standing orders

The employer or workmen (or trade union or other representative body of the workmen) may approach the labour court constituted under the industrial disputes act, 1947, if at all they have any queries regarding the interpretation or application of the standing order and they can specify for the disposal of the same after giving the parties an opportunity of being heard, after a question is decided and the decision which would be imposed would be final and binding on the parties.

EFFECTS OF THE CERTIFIED STANDING ORDERS

The effect of the certified standing order is that it helps in the enhancement between the employer -employee relationship, as it constructs a bridge of transferability between them and makes the barrier be shortened. The main objective of the certified standing order is to procure a good sense of difficulties which arose in day-to-day life of the employees and work on the same by bringing new amendments to the act. It also talks about connectivity which gets build regardless of the barriers present.

The act makes the employee know about their rights and duties to which are liable and restrained, if when there arose a dispute the state government can be a witness to the conciliation or arbitration meetings. It also provides a sense of oneness between both the parties

An argument in favor of the contractual nature of standing order comes from the case of Buckingham and Carnatic Co. Vs. Venkatayga[9] wherein Justice Gajendragadkar stated that:

The certified standing orders represent the terms and conditions of service in a statutory form and they are binding on the parties at least as much if not more, As private contracts with resemble the same terms and conditions.

CONCLUSION

The industrial employment standing order (IESO) consists mostly of rules and guidelines relating to the employer and employee and, by the uniformity and it being highly flexible in nature as in whole they are binding in nature for both the parties when it came into force. The nature of the act is varied but it is applicable and accepted due to its variations, and amendments. The model standing orders helps it through its variations and guidelines to be set in place, when the same gets implemented, it would be anew upgrade for the parties to the act which will help them in their livelihood.

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