PROCEDURE FOR STANDING ORDER CERTIFICATION

Certifying Officer:-

The Commissioner of Labour is the Certifying officer in State

Govt.’s jurisdiction. As far as the Central jurisdiction, Regional
Commissioner of Labour are the Certifying Officer. They may
delegate the power of certification by notification in the official
Gazette.

The CO has the power to see the fairness of the Draft Standing
Orders prepared by the employer. He can also insist upon the
Standing Order to fall in line with Model Standing Order as far
as practicable. The CO is conferred with power to certify the
draft standing order with or without modifications.

Certification & Modification:-

The CO takes a decision on the draft submitted after hearing

the two parties and his decision may be appealed against
within 30 days of his forwarding authenticated copies to the
parties with or without making any modification in the draft
and the decision of the Appellate Authority following the same
procedure and coming to conclusion in final and binding on the
parties. SO certified by the concerned officer come into
operation on the expiry of 30 days from the date on which
authenticated copies thereof are sent to the employer and the
union and in the event of an appeal being filed on the expiry of
seven days from the date on which the orders of the appellate
authority are dispatched to the certifying officer, employer and
the union. SO certified under the Act shall be exhibited at the
entrance gate of the establishment, both in English and in the
regional language.

As per the Industrial Employment (Standing Order) Act, 1946

all industrial employment employing 100 or more workers to
frame the terms & conditions of service in line with the
schedule appended to the act.
CERTIFICATIONS OF STANDING ORDERS
AN APPLICATIONS FOR CERTIFICATION OF STANDING ORDER SHALL BE MADE IN FORM
I (SEE FORM I)
THE APPLICATION SHALL BE ACCOMPANIED BY FIVE COPIES DRAFT STANDING ORDER
PROPOSED BY HIM FOR ADOPTION IN HIS INDUSTRIAL ESTABLISHMENT
THE DRAFT STANDING ORDERS SUBMITTED SHALL BE ACCOMPANIED BY THE
PARTICULARS ABOUT THE WORKMEN MENTIONED HEREUNDER-
NUMBER OF PERMANENT WORKMEN
TOTAL NUMBER EMPLOYED
NUMBER OF TEMPORARY WORKMEN
NUMBER OF CASUAL WORKMEN
NUMBER OF BADLIS OR SUBSTITUTES
NUMBER OF APPRENTICES
NAME OF THE TRADE UNION & TO WHICH THE WORKMEN  BELONG

REMARKS:
ON RECEIVING THE APPLICATION THE CERTIFYING OFFICER (LABOUR COMMISSIONER)
SHALL-
FORWARD A COPY OF DRAFT STANDING ORDER TO THE TRADE UNION OF THE
WORKMEN ALONG WITH NOTICE IN FORM II
WHEN THERE IS NO TRADE UNION, MEETING OF THE WORKMEN MAY BE CALLED TO
ELECT THEIR REPRESENTATIVE TO WHOM  A COPY OF DRAFT STANDING ORDER SHALL
BE FORWARDED ALONG WITH NOTICE IN FORM II (SEE FORM II)
• THE TRADE UNION OR REPRESENTATIVE OF THE WORKMEN MAY SUBMIT
THEIR OBJECTION , IF ANY, WITHIN 15 DAYS FROM THE DATE OF RECEIPT  OF
NOTICE.
AFTER GIVING THE EMPLOYER AND TRADE UNION REPRESENTATIVE OF WORKMEN AN
OPPORTUNITY OF BEING HEARD THE CERTIFYING OFFICER  SHALL AMEND THE DRAFT
STANDING ORDER
THE STANDING ORDERS CERTIFIED SHALL BE AUTHENTICATED BY SIGNATURE OR
SEAL OF THE OFFICE OF CERTIFYING OFFICER AND SHALL BE FORWARDED BY
REGISTERED POST TO THE EMPLOYER AND TO THE TRADE UNION OR TO THE
REPRESENTATIVES OF THE WORKMEN WITHIN A WEEK

MODIFICATION OF CERTIFIED STANDING ORDERS

CERTIFIED STANDING ORDER SHALL BE MODIFIED ONLY WHEN THERE IS AN

AGREEMENT BETWEEN THE EMPLOYER AND THE WORKMEN( A TRADE UNION OR
REPRESENTATIVE BODY OF WORKMEN)
APPLICATION FOR MODIFICATION OF STANDING ORDER SHALL BE MADE BY AN
EMPLOYER OR WORKMEN OR TRADE UNION OR REPRESENTATIVE BODY OF WORKMEN
IN FORM I
THE APPLICATION SHALL BE ACCOMPANIED BY-
FIVE COPIES OF THE MODIFICATIONS PROPOSED TO BE MADE
IN CASES WHERE MODIFICATIONS ARE PROPOSED TO BE MADE BY AGREEMENT
BETWEEN EMPLOYER AND WORKMEN A CERTIFIED COPY OF THE AGREEMENT SHALL
BE FILED ALONG WITH THE APPLICATION 
ON RECEIVING THE APPLICATION THE CERTIFYING OFFICER SHALL FORWARD A COPY
OF MODIFICATIONS PROPOSED TO THE PARTIES
AFTER GIVING THE EMPLOYEE AND TRADE UNION OR REPRESENTATIVE OF WORKMEN
AN OPPORTUNITY OF BEING HEARD THE CERTIFYING OFFICER SHALL MODIFY THE
STANDING ORDERS.