The Industrial Employment Standing Orders Act, 1946

1. The Industrial Employment
(Standing Orders) Act, 1946
Prepared by-
Sandip Satbhai
Assistant Professor
NBT Law College, Nashik-05
(New Law Guruji) 1

2. Introduction
• The Labour Investigation Committee, in its Report, at p. 113 (1946)
had observed
• “An industrial worker has the right to know-
– The terms and conditions under which he is employed and
– The rules of discipline which he is expected to follow.
• The Rules of Service have been very elastic to suit the convenience of
employers.
• No doubt, several large-scale industrial establishments have adopted
standing orders and rules to govern the day to day relations between
the employers and workers, but such standing orders or rules are
clearly one sided.
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3. • It was to ameliorate these evils that the Industrial Employment
(Standing Orders) Act, 1946 was passed
• Before this Act, there was no law to prevent the employer from
having different contracts of employment with workmen that led
to confusion and discriminatory treatment.
• The Tripartite Labour Conference pleaded for defining the
conditions of employment so as to create harmonious relations
between employer and workmen.
• Before this Act victimisation and unfair labour practices were
quite frequent.
• The industrial worker had no right to know the terms and
conditions and rules of discipline of his employment. 3

4. Objectives
• To define conditions of employment under them and
to make known the said conditions to workmen.
• To require employers to define the conditions of
work
• To bring about uniformity in terms and conditions of
employment.
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5. Objectives
• To minimize industrial conflicts.
• To foster harmonious relations between employers
and employees.
• To provide statutory sanctity and importance to
standing orders.
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6. Applicability
• The act is applicable to the whole of India and
extends to all industrial establishments
wherein the number of workmen employed is
100 or more on any day of the preceding 12
months.
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7. • The appropriate Govt. can exempt any establishment from any
of the provisions of the Act.
• 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.
• All workmen employed in any industrial establishment to do
any skilled or unskilled, manual, supervisory, technical,
clerical work are covered. including apprentices.
• Persons employed mainly in a
managerial/administrative/supervisory capacity drawing wages
exceeding Rs.1600 are not covered.
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8. Definitions
• Standing Orders-
• the rules of conduct for workmen employed in
industrial establishments, relating to matters such as
1. Classification of workmen
2. Working hours
3. Holidays
4. Attendance
5. Leave
6. Termination of employment
7. Suspension
8. Dismissal
9. Misconduct
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9. Definition
• Model Standing Orders-
The draft prescribed by the central and state
government to serve as an exemplary pattern
of the rules of conduct based on which the
industrial establishments can draft their own
standing orders and get them certified by the
certifying officers appointed for this purpose.
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10. • The Supreme Court in Bagalkot Cement Company Ltd. v.
Pathan (K.K.). [(1962) 1 L.L.J. 203)], held that certified
standing orders have statutory force and after they are certified,
constitute the statutory terms of employment between the
industrial establishment in question and their employees.
• Again in Western Indian Match Co. v. Workmen, (AIR 1964
S.C. 1458) the Supreme Court spoke in similar terms:
• “The terms of employment specified in the Standing Order
would prevail over the corresponding terms in the contract of
service in existence at the time of the enforcement of the
Standing Order.”
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11. Certification Process-
its Operation A Binding Effect
• Submission of Draft Standing Orders by Employers
• Section 3 of the Industrial Employment (Standing Orders) Act
(hereinafter referred to IESOA) requires every employer of an
“industrial establishment” to submit draft standing orders, i.e.,
“rules relating to matters set out in the Schedule” proposed by
him for adoption in his industrial establishment.
• Such a draft should be submitted within six months of the
commencement of the Act to the Certifying Officer.
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12. • Failure to do so is punishable and is further made a
continuing offence.
• The draft standing orders must be accompanied by
particulars of workmen employed in the,
establishment as also the name of the trade union, if
any, to which they belong.
• Under sub-section 4, of Section 3, if the industrial
establishments, are of similar nature, the group of
employers owning those industrial establishments
may submit a joint draft of Standing Orders.
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13. Procedure For Certification of Standing Orders
• When the draft standing orders are submitted for certification,
the Certifying Officer shall send a copy of the draft to the trade
union, if any, or in its absence to the workmen concerned, to
file objections, if any, in respect of the draft standing orders,
within fifteen days of the receipt of the notice.
• He is further required to provide hearing opportunity to the
trade union or workmen concerned as the case may be
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14. Certifying Officers:
Their Appointments, Powers And Duties
• The Certifying Officers under the IESOA means as 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 Certifying Officer under the Act. He is “the statutory
representative of the Society.”
• Section 11 (1) vests certifying officer and appellate authority with
all the power of a Civil Court for the purposes of. (i) 'receiving
evidence; (ii) enforcing the attendance of witnesses; and (iii)
compelling the discovery and production of documents. He shall
also be deemed to be the ‘Civil Court’ within the meaning of
Sections 345 and 346 of the Code of Criminal Procedure, 1973.
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15. Register of Standing Orders
• Section 8 of the Act provides that a copy of all
standing orders as finally certified under this
Act shall be filed by the Certifying Officer in a
register in the prescribed form maintained for
the purpose, and the Certifying Officer shall
furnish a copy thereof to any person applying
therefore on payment of the prescribed fee.
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16. Posting of Standing Orders
• Section 9 of the Act requires that the text of Standing Orders
as finally certified in accordance with the provisions of this
Act be permanently posted by the employer 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.
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17. Payment of Subsistence Allowance
• In 1982, a new Section 10-A was added to make a provision for
subsistence allowance to suspended workmen which provides:
1. Where any workman is suspended by the employer pending
investigation or inquiry into complaints or charges of misconduct
against him, the employer shall pay to such workman subsistence
allowance
(a) at the rate of fifty per cent of the wages which the workman was
entitled to immediately preceding the date of such suspension, for
the first ninety days of suspension, and
(b) at the rate of seventy-five per cent of such wages for the remaining
period of suspension if the delay in the completion of disciplinary
proceedings against such workman is not directly attributable to the
conduct of such workman. 17

18. 2. If any dispute arises regarding the subsistence allowance payable to
a workman under sub-section (1) the workman or the employer
concerned may refer the dispute to the Labour Court, constituted
under the Industrial Disputes Act, 1947 (14 of 1947) within the
local limits of whose jurisdiction the industrial establishment
wherein such workman is employed is situated and the Labour
Court to which the dispute is so referred shall, after giving the
parties an opportunity of being heard, decide the dispute and such
decision shall be final and binding on the parties.
3. However where provisions relating to payment of subsistence
allowance under any other law for the time being in force in any
State are more beneficial than the provisions of this section, the
provisions of such other law shall be applicable to the payment of
subsistence in that State,
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19. Power to Make Rules
• Section 15(1) of the Act empowers the appropriate Government to
make rules to carry out the purposes of this Act after previous
publication by Notification in the Official Gazette.
• Section 15 (2) provides that in particular and without prejudice to the
generality of the foregoing power, such rules may-
a) prescribe additional matters to be included in the Schedule, and the
procedure to be followed in modifying standing orders certified under
this Act in accordance with any such addition;
b) set out model standing orders for the purposes of this Act;
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20. a) prescribe the procedure of Certifying Officers and appellate
authorities;
b) prescribe the fee which may be changed for copies of standing
orders entered in the register of standing orders;
c) provide for any other matter, which is to be or may be
prescribed.
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21. Employees Covered Under This Act
• Every person employed in an industrial
establishment to do any
• Manual
• Clerical
• Skilled
• Unskilled work
Is covered under this act
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22. The Act Does Not Apply To-
• Persons subject to-
• Army
• Navy
• Air force
• Police service
• Employee of prison
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23. Contents of Standing Orders
• Date on which the standing orders shall come into force
• Classification of workmen as
 Permanent
 Probationers
 Temporary
 Casual
 Apprentice and
their service record
• Issue of token
• working hours of the establishments
• Holidays and pay days
• Prevailing wage rates in the establishments
• Shift timings and notice of changes of shift timings
• Attendance record and late coming
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24. Contents of Standing Orders
• Leave Provisions
• Absence from Place of Work
• Provisions of Payment of Wages
• Termination of Employees
• Disciplinary Actions for Misconduct
• Grievance Redressal Procedures
• Provisions of Fringe Benefits
• Free Copy of Standing Orders to All The
Employees
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25. Obligation of Employer
• The employer must submit to the certifying officer, 5 copies of
the standing orders which he propose to adopt
• Employer must do so within 6 months from the date the act
becomes applicable to the establishments.
• Employer must not modify the standing orders without the
approval of the certifying officer.
• Employer must display the approved standing orders in a
prominent place in the establishments .
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26. Obligation of Employee
• Work in conformity with the certified standing
orders or model standing orders as the case
may be.
• Comply with the provisions of the Act in
regard to modification and interpretation of
standing orders
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27. Misconducts
• Wilful insubordination or disobedience, whether alone or in
combination with others, to any lawful and reasonable order
of a superior,
• Theft, fraud or dishonesty in connection with the employer’s
business or property,
• Wilful damage to or loss of employer’s goods or property,
• Taking or giving bribes or any illegal gratification,
• Habitual absence without leave or absence without leave
for more than 10 days,
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28. • Habitual late attendance,
• Habitual breach of any law applicable to the establishment,
• Riotous or disorderly behaviour during working hours at the
establishment or any act subversive of discipline,
• Habitual negligence or neglect of work,
• Frequent repetition of any act or omission for which a fine
may be imposed to a maximum of 2 per cent of the wages
in a month,
• Striking work or inciting others to strike work in
contravention of the provisions of any law, or rule having
the force of law.
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29. Disciplinary Procedure in
Industries/Domestic Inquiry
• A disciplinary enquiry is carried out, based on the
principles of natural justice, whenever any employee
commits any misconduct.
• The Industrial Employment (Standing Order) Rules that
provide lists of acts and omissions considered as
misconduct.
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30. The disciplinary procedure involves the
following steps:
• Preliminary Investigation
• Issue of a Charge-sheet
• Suspension Pending Enquiry
• Notice of Enquiry
• Conduct of Enquiry
• Recording the Findings
• Awarding Punishment
• Communicating Punishment
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