Industrial Employment( Standing

Orders) Act,1946
Labour Laws - Definition
Body of rulings pertaining to working people and their organizations, including
trade unions and employee unions enforced by Government agencies.

Purpose of Labour Laws

Protects the rights of Workers and Employers.

Intensifies a quality relationships with Trade Union and Employers.

Promote Productive and safe work places by enhancing health, safety and welfare of
workers.

Acts as a shell for Industrial Disputes.

Protects Labour Rights which is essential for progress of Individual and Organization.

Standing Orders Act - 1946

Important Acts of Indian Labour Laws
Workmen's Compensation Act - 1923.

Payment of Wages Act 1936.

Industrial Employment ( Standing Orders) Act 1946.

The Industrial Dispute Act 1947.

Factories Act 1948.

Employees State Insurance Act 1948.

Employees PF Act - 1952.

The Apprentices Act 1961.

The Maternity Benefit Act 1961.

The Payment of Bonus Act 1965.

The Payment of Gratuity Act 1972.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Introduction & Definition

Central Government enact Industrial Deployment Standing Orders) Act, 1946 in view of
settlement of terms of employment of Industrial Labour and protect workmen with regard
to conditions of employment.

An Act require employers in industrial establishments formally to define conditions of

employment under them .

Employers should ensure the said conditions known to Workmen employed by them.

It applies to every industrial establishment wherein one hundred or more workmen are
employed, or were employed on any day of the preceding twelve months.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Objective of the Act

Minimise the friction between Management and Workers in Industrial undertaking.

It gives knowledge to the employees about conditions of the employment.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946
Interpretations
appellate authority - means an authority appointed by the appropriate Government
by notification in the Official Gazette.
appropriate Government - means in respect of industrial establishments under the
control of the Central Government or a Railway administration or in a major Port, mine or
oil field, the Central Government, and in all other in all other cases the State Government .
Certifying Officer - means a 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 a Certifying Officer under this
Act.
employer - means the owner of an industrial establishment to which this Act applies.
prescribed- means prescribed by rules made by the appropriate Government.
factory(as per Factories Act) - means any premises including the precincts thereof (i)
whereon ten or more workers are working, or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being carried on with
the aid of power, or is ordinarily so carried on,
or (ii) whereon twenty or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is being
carried on without the aid of power, or is ordinarily so carried on
Standing Orders Act - 1946
 Industrial Employment (Standing Orders) Act, 1946

Submission of draft Standing Orders

Employers shall submit five copies of the draft Standing Order to the Certifying Officer
Within six months from the date on which this Act becomes applicable to an industrial
establishment.

Include Statement of particulars of workmen along with the name of Trade Union, If any.

Provision of submitting joint draft of Standing Orders for a group of employers in similar
Industrial establishments.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Conditions for certification of Standing Orders.

All provision to be made therein for every matter set out in the Schedule which is
applicable to the industrial establishment.

the standing orders are otherwise in conformity with the provisions of this Act and it
shall be the function of the Certifying Officer or appellate authority to adjudicate upon the
fairness or reasonableness of the provisions of any standing orders.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Certification of Standing Orders.

Certifying Officer shall forward a copy to Trade Unions, if any.

Certifying Officer shall forward a copy to Workmen, if no Trade Union registered.

Standing Orders copy shall accompany with a notice in the prescribed form requiring
objections where workmen may desire to make to the draft standing orders to be
submitted to him within fifteen days from the receipt of the notice.

Certifying Officer shall decide whether or not any modification of or addition to the draft
submitted by the employer is necessary to render the draft standing orders certifiable
under this Act, and shall make an order in writing accordingly.

Certifying Officer shall certify the draft Standing Order and send copies of the same in
the prescribed manner to the employer and to the Trade Union or other workmen
representatives.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Appeals.

Any employer, workmen, trade union or other prescribed representatives of the workmen
aggrieved by the order of the Certifying Officer may appeal to the appellate authority
within 30 days from the date on which copies are to be sent to them.

The appellate authority may confirm the Standing Orders as certified, or make any
modifications or additions to render them certifiable and it has to sent copies of the same
to the concerned person within 7 days of the order.

Date of Operation of Standing Orders.

On the expiry of thirty days from the date on which authenticated copies thereof are
sent, unless an appeal is preferred.

on the expiry of seven days from the date on which copies of the order of the appellate
authority are sent where an appeal is preferred.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Register of Standing Orders

Certifying Officer shall file the copy of the certified Standing Orders in a register in the
prescribed form.

Certifying Officer Shall furnish a copy of the same to any person on payment (prescribed
fee).

Posting of Standing Orders

The Certified Standing Orders are posted 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.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Duration and Modification of Standing Orders

Only on agreement between the employers and the workmen or their Trade Union.

Modification can be done only after expiry of six months from the date on which
Standing Orders came into operation.

5 copies along with application for the proposed modifications to be made shall be
submitted to Certifying officer.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Payment of Subsistence Allowance

Subsistence Allowance is paid to workmen on

a)when he is suspended by the employer pending investigation.

b)Inquiry into complaints or charges of misconduct against him.

Subsistence Allowance payment details

a)At the rate of fifty percent of the wages which workmen was entitled to
immediately preceding the date of suspension, for the first ninety days of
suspension.
b)At the rate of Seventy five percent of such wages for the remaining period of
suspension.

Dispute

a)The workman or employer concerned can refer the dispute to the labour court
within the local limits, if any dispute arises.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Offenses and Penalties

If an employer who fails to submit the draft Standing Order as per Submission of draft
Standing orders( Section 3)

a)Punishable with fine which may extend to five thousand rupees.

b)in case of continuing offense a further fine is imposed which may extend to 200
rupees for every day after the first offense during which the offense continues.

An act in contravention of the certified Standing Order by the employer.

a)At the rate of fifty percent of the wages which workmen was entitled to
immediately preceding the date of suspension, for the first ninety days of
suspension.
b)At the rate of Seventy five percent of such wages for the remaining period of
suspension.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Model Standing Order

Classification of Workmen.
a) Permanent b) Probationers
c) Badlis or Substitute d) apprentices
e) Temporary f) Casual

Display of Notices - Either should be in English or local language

a)Period & Hours of work
b) List of Holidays
c) Pay Dates
d) Wage Rates and Allowances
e) Shift Details

Shift Working
a) Employees are permitted to work more than one shift at the discretion of the
Management.
b) Management shall be entitled to alter or vary the shifts and hours of working
on each shifts.
c) No shift working shall be discontinued without prior notice to workmen.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Model Standing Order

Shift Working
a) Employees are permitted to work more than one shift at the discretion of the
Management.
b) Management shall be entitled to alter or vary the shifts and hours of working
on each shifts.
c) No shift working shall be discontinued without prior notice to workmen.
d) Permanent Workmen are liable to be discharged, they shall be retrenched with
provision of ID act on account of discontinuation of shifts.
e) Retrenched Workmen shall be given notice and re employed if the shift work
restarted.

Attendance
a) All workmen shall be at the time fixed and notified to them.
b Workmen Shall register their attendance as prescribed by the Management.

Absence from work place

a) Any workmen after coming to his work, is found absent from his proper
working place during working hours without permission from appropriate authority and
without sufficient reason will be treated as absent.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Model Standing Order

Festival Holidays & Leave

a)9 Festival Holidays in an year in addition to 4 National holidays.

b) If any workmen works on this days ,he shall be entitled to thrice wages for the
day or twice wages + Compensatory offs.
c) Workmen shall be entitled to leave with wages.
d) No leave can be availed as a matter of right and can be granted at the
absolute discretion of Standing Authority.
e)If an employer refuse or revoke leave applied by the workmen if the exigency of
work demand, wage in lieu shall be paid to he workmen where he cannot
accumulate the leave further.
f) Quarantine leave shall be granted to workmen on account of medical
certificate and rate of 50% of the wages is provided.
g) Leave of absence shall be provided on submitting application not less than
fifteen days from the date of commencement.
h) If a workmen remains absent beyond the priority of leave.
return within ten days of expiry of leave and proper explanation to be
given.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Model Standing Order

Festival Holidays & Leave
i) Casual leave can be taken with pay shall not be more than three days at a time
except the case of sickness.

Medical aid in case of Accident

a) Accident arising in course of and out of employment - medical aids free of cost
and compensation payment as per Workmen Compensation Act.

Termination of Service
a) One month prior notice to be given for less than one year of continuous
completed workmen and no notice will be given to temporary and badli workmen.
b)No such notice is given for termination on account of misconducts.
c)Two weeks prior notice is given to temporary workmen who completes three
months continuous service, if the same is not accordance with his terms of
employment.
d) For not completed three months continuous service, he shall be informed the
reason in writing.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Model Standing Order

Stoppage of work & Reopening
a) Management can stop any sections at any time for any period in the event of
fire, catastrophe, breakdown of machinery stoppage of power supply, epidemic
civil commotion or any other cause beyond the control.
b)In such cases notice will be put up relating to stay back of workmen and
resume of work .
c) Workmen will not be required to remain for more than 2 hours after the
commencement of stoppage.
d)Compensation shall be provided to workmen as per provisions of ID act 1947,if
workmen are laid off on account of failure of plant or temporary curtailment of
production.
e) If workmen have to be laid off for an indefinitely long time, their service may
be terminated after giving them the notice or pay in lieu, provided no retrenchment
shall be made as per the provisions of ID act.
f)Workmen discharged by the employer will be given preference after two weeks
of resuming work if they present themselves for work.
g)In the event of strike wholly or partially of any section the fact of such closure
will be put up in notice board and general notice will be issued prior to resumption of
work.
Standing Orders Act - 1946
 Industrial Employment (Standing Orders) Act, 1946

Model Standing Order

Transfers
a)Workmen can be transferred fro one department to other and from one station
to another under the same ownership.
b) Pay and grade continuity and other conditions of service should not be
affected by such transfers.
c) Job should be off similar in nature.
d) reasonable notice and joining time is allowed for one station to another
transfer mode.
c) 50% additional transport charges are made.
Disciplinary actions for misconduct
a) If a workmen found to be guilty of misconduct under the Standing Orders he
can be impose punishment shall not be exceeding ten days, without notice.
b) A subsistence allowance is payable as stated in the previous slides.
c) Payment of Subsistence allowance is subjected to, not taking any employment
elsewhere during the suspension period.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Model Standing Order

Misconducts under Standing Order Act

(a)Theft, fraud, or dishonesty in connection with the employers business or property.

(b) Taking or giving of bribes or an illegal gratification whatsoever in connection with the
employers business or his own interests.

(c) Willful insubordination or disobedience, whether alone or in conjunction with another or

others, or of any lawful or reasonable order of a superior. The order of the superior should
normally be in writing.

(d) Habitual late attendance and habitual absence without leave or without sufficient
cause.

(e) Drunkenness, fighting or riotous, disorderly or indecent behaviors while on duty at the
place of work.

(f) Habitual neglect of work.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946
Model Standing Order
Misconducts under Standing Order Act

(g) Habitual indiscipline.

(h) Smoking underground within the area in places where it is prohibited.

(i) Causing willful damage to work in progress or to property of the employer.

(j) Sleeping on duty.

(k) Malingering or showing down work.

(l) Acceptance of gifts from subordinate employees.

(m) Conviction in any Court of Law for any criminal offence involving moral turpitude.

(n) Continuous absence without permission and without satisfactory cause for more than
ten days

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946
Model Standing Order
Misconducts under Standing Order Act

(o)Giving false information regarding ones name, age, fathers name, qualification or
previous service at the time of the employment.

(p) Leaving work without permission or sufficient reason.

(q) Any breach of the Mines Act, 1952, or any other Act or any rules, regulations or bye-
laws there under, or of any Standing Orders.

(r) Threatening, abusing or assaulting any superior or co-worker.

(s) Habitual money-lending.

(t) Preaching of or inciting to violence.

(u) Abetment of or attempt at abetment of any of the above acts of

misconduct.
(v) Going on illegal strike either singly or with other workers with out giving 14 days
previous notice.
Standing Orders Act - 1946
 Industrial Employment (Standing Orders) Act, 1946
Model Standing Order
Misconducts under Standing Order Act

(w) Disclosing to any un authorized person of any confidential information in regard to

the working or process of the establishment which may come into the possession of the
workman in the course of his work.

(x) Refusal to accepted any charge-sheet or order or notice communicated in writing.

(y) Failure or refusal to wear or use any protective equipment given by the employers.

Points to be noted before imparting punishment

Workmen shall be informed in writing the alleged misconduct.

Workmen shall be given sufficient opportunity to explain the allegation made against
him.

Departmental enquiry to be made before dealing with charges.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946
Model Standing Order
Points to be noted before imparting punishment

If a workmen not found guilty against the charges levelled against him he
Shall be deemed to be on duty during the full period of suspension and shall be entitled
to receive full wages if he had on duty.

In awarding punishment
(a) Previous history of the workmen to be considered.
(b) Copy of the order shall be supplied to workmen concerned.

Standing Orders Act - 1946

 Industrial Employment (Standing Orders) Act, 1946

Model Standing Order

Entry & Exit
a)All workmen shall enter and leave the premises of the establishment thought
authorized gates and shall be liable for search while going in or coming out of the
premises.

Exhibition and Supply of Standing Orders

a)As stated in slide No 11.

Service Records
Confirmation
Age of Retirement
Medical Aid in case of Accidents
Medical Examinations on Appointments.
Secrecy
Exclusive Service

Standing Orders Act - 1946

Thank You..

Standing Orders Act - 1946