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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 1927-28 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
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 Provided that the app. Govt may, after giving two months notice may apply the provisions of the act to any industrial establishment employing less than 100 persons by notification in the off.gaz
Exemptions
Nothing in this Act shall apply to i) Any industry to which the provisions of chapter VII of the Bombay Industrial Relations Act, 1946 apply ii) Any industrial establishment to which the Madhya Pradesh Industrial employment (standing orders) Act 1961 apply Section 14 : the appropriate Govt. may by not. In the off.gaz exempt , conditionally on unconditionally, any Indust. Est. or class of IA from all or any of the provisions of the Act.
Section 13-B
Act not to apply to certain IEs if to workmen employed therein , the Fundamental and Supplementary Rules, or other Civil Services Rules apply
Industrial Establishment-2(e)
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.
a) Provision is made therein for every matter set out in the schedule which is applicable to the IE b) The SO are otherwise in conformity with the provisions of this Act Section 4, as amended by Act 36 of 1956, entrusted the authorities under the Act with the duty to adjudicate upon the fairness and reasonableness of the SO Therefore now, 1) SO should now be in consonance with the model SO , and, 2) They should be fair and reasonable( the workmen, therefore can raise an objection
Schedule
Section 6- Appeal
Appeal
Any employer, workman, trade union aggrieved by the order of the certifying officer as per section 5(2) may, within 30 days from the date on which copies of the certified standing orders sent to them, appeal to the Appellate Authority who makes an order in writing to either confirm or modify and render the SO certifiable The AO within 7 days of its order being made, shall send copies thereof to CO , to the employer and to the TU
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.
Section 8 & 9
8:- Register of SO : a copy of all SO s certified under the Act shall be filed by the CO in a register in the prescribed form which shall be furnished on applying therefor, on payment of prescribed fee. 9: Posting of SO : the text of certified SO shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards maintained foe the purpose, at or near the entrance and in all departments where the workmen are employed.
1)SO, finally certified, shall not, except on agreement b/w the employer and the workmen/TU/other representative body of workmen, be liable to modification, until the expiry of six months from the date on which the SO or the last modification thereof came into operation 2) Modifications to be made only on agreement application along with the agreement to be made to the CO 3) Process of modification same as process of certification 4) For IE to which the app. Govts are the govts of Gujarat & Maharastra the provisions of SS(2) shall not apply
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
Section 11
1)Every CO and appellate authority to have powers of a Civil Court 2)Clerical, arithmetic mistakes or errors made by Off or authority can be corrected by concerned off or auth or by successor
No oral evidence having the effect of adding to or otherwise varying or contradicting SO as finally certified under this Act shall be admitted in any Court 12-A 1) temporary application of Model Standing Orders 2) Ss 1) not to apply in case of states of Gujarat and Maharastra
Section 12
Penalties & Procedure: 1) An employer who fails to submit draft SO or modifies his SO otherwise than in accordance with section 10 fine up to 5000/- ; continuing offence, up to 200/for every day 2) Any act in contravention with the SO finally certified, 100/-; continuing offence- 25/- for every day 3) Prosecution foe offence under sec 13 with the previous sanction of the app. Govt. 4) No court inferior to that of a Metropolitan Magistrate to try an offence under this section
Section 13
Section 13-A
Interpretation of SO Reference of any question arising as to the application or interpretation of the certified SO can be referred to the Lab. Court constituted under ID Act 1947, by the employer, workman or a TU -parties given opportunity to be heard - Question decided by LC - Decision final and binding on the parties - 13-B non applicability to IEs in which persons employed are governed by Civil Services Rules
14- exemption by the app. Govt of any IE or class of IEs from all or any of provisions of the Act 14-A Delegation of powers to any such officer or authority subordinate to the app. Govt (Central or State as the case may be) by the app. Govt. by notification in the off. Gaz. Any power exercisable by it under this Act and Rules made thereunder
Power to make Rules: 1) App govt , after previous publication, by notification in the off. Gaz. 2) Rules about; a) Addl matters to be included in the schedule & procedure to be followed in modifying the SO b) Set out model SO c) Prescribe procedure for appt of CO and appellate auth. d) Prescribe fee charged for issue of copies of SO e) Provide for any other matter Provided that for cl a) representatives of both employers and workmen shall be consulted
Section 15