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Understanding Standing Orders in Employment

The document discusses the nature and purpose of standing orders under the Industrial Employment (Standing Orders) Act, 1946. [1] Standing orders are intended to define conditions of employment precisely to minimize industrial conflicts. [2] Standing orders certified under the act constitute the statutory terms of employment between an industrial establishment and its employees. [3] While certified standing orders have statutory force, they retain their underlying contractual nature as an agreement between employers and employees.

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Ibban Javid
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409 views2 pages

Understanding Standing Orders in Employment

The document discusses the nature and purpose of standing orders under the Industrial Employment (Standing Orders) Act, 1946. [1] Standing orders are intended to define conditions of employment precisely to minimize industrial conflicts. [2] Standing orders certified under the act constitute the statutory terms of employment between an industrial establishment and its employees. [3] While certified standing orders have statutory force, they retain their underlying contractual nature as an agreement between employers and employees.

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Ibban Javid
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Industrial Relations Code,2020/Industrial Employment (Standing

Orders) Act, 1946


STANDING ORDER

Preamble – To define with sufficient precision “the conditions of employment" and to make those
conditions known to workmen.

Rohtak & Hissar District Electricity Supply Co. Ltd. v. State of Uttar Pradesh- The act seeks
to bring about uniformity in terms and conditions of employment in industrial establishment and
thereby to minimize industrial conflicts.

Bagalkot Cement Co. Ltd. v. R.K. Pathan (1962) The object of the Act, as we have already seen,
was to require the employers to make the conditions of employment precise and definite and the
Act ultimately intended to prescribe these conditions in the form of standing orders so that what
used to be governed by a contract hereto before would now be governed by the statutory standing
orders.

Nature of Standing Orders–

1. Whether Statutory?

Bagalkot Cement Co. Ltd. v. R.K. Pathan (1962) The Act has made relevant provisions for
making standing orders, which after they are certified, constitute the statutory terms of
employment between industrial establishments in question and their employees.

Firstly, it will open the door for litigation under Art.32 & 226. Secondly, Tribunals & Certifying
officer shall not be allowed to make any amendment. Thirdly, there are provisions for amendment
by the parties. Fourthly, it is not a delegated legislation.

2. Whether an Award under ID Act?

Firstly, Certifying Officer is not one of the decision makers as required by the ID Act. Secondly,
No adjudication of any industrial dispute is being done. Thirdly, if we treat SO as award, Strike
and Lock-Out shall be prohibited. Fourthly, Penalties are there only for the employer.

3. Special Kind of Contract?

The government's participation in the certification process does not alter the contractual nature of
the standing orders which can be regarded as "a sort of register". The statutory direction to embody
the agreements in a certain form does not alter the real character. The substance is the quality of
being binding in accordance, more or less, with the free will of the parties. Hence the standing
orders, as formally brought into effect under the Act, do not lose their inherent contractual quality.
Buckingham & Carnatic Co. v. Venkatayya (1963) The certified standing orders represent the
relevant terms and conditions of service in a statutory form and they are binding on the parties as
least as much, if not more, as private contracts embodying similar terms and conditions of service.

Guest, Keen, Williams Ltd. v. Sterling & Ors (1959) that The standing orders certified under
the Act no doubt become parts of the terms of employment by operation of S. 7; but if an industrial
dispute arises in respect of such orders and it is referred to the tribunal by the appropriate
Government, the tribunal has jurisdiction to deal with it on the merits. This position is not and
cannot be, disputed.

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