1. The Industrial Employment (Standing Orders) Act, 1946
Object of the Act
Scope and Application
Definitions
Submission of Draft Standing Orders
Certification of Standing Orders
Appeal
Interpretation of Standing Orders

2. 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
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

3. Object of the Act
To require employers to define the conditions of work
To brig about uniformity in terms and conditions of employment
To minimise industrial conflicts
To foster harmonious relations between employers and employees.
To provide statutory sanctity and importance to standing orders

4. 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

5. 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.

6. Important Definitions
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

7. Industrial Establishment
A factory defined in Section-2 (m) of the Factories Act, 1948
A railway defined in Railways Act, 1939
Establishment defined in the Payment of Wages Act, 1936
Standing Orders
The term ‘Standing Orders’ means rules relating to matters set out in the Schedule of the Act.

8. 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

9. Submission of Draft Standing Orders
Obligatory on the part of an employer or a group of employers to furnish 5 copies 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.

10. 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
Standing orders must confirm the model standing order

11. Conditions for certification of Standing Orders
Must compile as per the Model Standing Orders
Fairness of the provisions shall be verified by the Certifying Officer
Appeal
Any employer, workman, trade union aggrieved by the order of the certifying officer may, with in 30 days from the date on which copies of the certified standing orders sent to them
Date of Operation of the Act
On the expiry of 30 days of the certification given by certifying officer Or
After the expiry of 7 days of the decision given by appellate authority.

12. 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

13. Penalty
Any employer fails to submit draft standing orders or modifies it, shall be punishable with fine which may extend to Rs
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 .