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Indian Oil Cop. V. Chief Labour Commissioner

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The schedule of matters that must be addressed in standing orders includes work categories, wages, holidays, leave rules, entry

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Indian Oil Cop. V. Chief Labour Commissioner

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40 views3 pages
The schedule of matters that must be addressed in standing orders includes work categories, wages, holidays, leave rules, entry

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STANDING ORDER

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The schedule of matters that must be addressed in standing orders includes work categories, wages, holidays, leave rules, entry

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40 views3 pages

Indian Oil Cop. V. Chief Labour Commissioner

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The schedule of matters that must be addressed in standing orders includes work categories, wages, holidays, leave rules, entry

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The term “standing order” is defined under section-2(g) of Industrial employment standing

orders Act-1946, standing order means set of rules which regulates the conduct of workmen
in industrial establishment or can say defines the conditions of employment.

Section-3 of the act talk about the submission of the draft of standing order(S.O.).under this
section the employer has to make a draft of standing orders for submission to the certifying
officers regarding the matters prescribed in the schedule within the 6 months from the date on
which this act is applies on any Industrial establishment, the employer has to submit 5 copies
to the certifying officer and draft must fulfil other necessities, such as particulars of workmen
and name of trade union, if any.

Section-4, of act talks about the certification process conditions of Standing order. Under this
section, certified standing orders must represent the relevant terms and conditions of service
during a statutory form and that they are binding on the parties a minimum of the maximum
amount, if less , as private contract embodying similar terms and conditions of service.” On
the basis of the provisions of the section 4 (b), it is argued that the certifying officer is to see
the fairness and reasonableness of the standing orders on the basis of judicial decisions given
by the various High Courts and the Supreme Court.1 The function of the certifying officer is
quasi-judicial. But in terms of section 2 (b) of the “Industrial Disputes Act, 1947”the standing
orders cannot be an award. It has also been argued that standing orders is a delegated
legislation because the standing orders should contain every matter explained in the Schedule
and it should be practicable as much as possible and should also conform to the model
standing orders. The Supreme Court in“Rajasthan State Road Transport Corporation637”laid
down that:

“The certified standing orders framed under and in accordance with the Industrial

Employment (Standing Orders) Act, 1946 are statutorily imposed conditions of service and

are binding both upon the employers and employees, though they don’t amount to statutory

provision. Any violation of these standing orders entitles an employee to appropriate relief

either before the forums created by the Industrial Disputes Act or the civil court where

recourse to civil court is open according to the principles indicated herein.”

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Indian oil cop. V. chief labour commissioner
The matters which are referred in the Schedule are as under:

a. The categories of the workers should be clearly defined, i.e., whether they are regular or
temporary on probation or badlis etc.

b. The working hours, rates of wages, holidays, pay-days should be intimated to the
employees.

c. The shift of working should also be mentioned in the Schedule.

d. It should be clearly mentioned regarding the rules of attendance and late coming.

e. The authority which will sanction leave and holidays and how to apply should also be
clearly specified in the Schedule.

f. The requirement of entrance and exit from the premises and liability should also be
specified.

g. The reopening and the closing of any section of the industry, temporary stoppage of work,
the rights and responsibilities of the employer arisen there-from should also be specified.

h. The notice for termination of employment should also be given by the employer.

i. The rules regarding the acts or omissions, suspension or dismissal for misconduct etc. be
given.

j. The means of redressal for wrongful act or unfair treatment by the employer or his nominee
should also be specified in the Schedule.

In the landmark case of workmen of Dewan tea estate v. their management, Court held that
standing orders are mandatory and have statutory force. They make the disposal of industrial
dispute easier and quick.

And In the case of “Sudhir Chandra Sarkar”the Supreme Court has clearly stated that “the
terms and conditions of service set in the standing orders is either statutory in character or
has statutory flavor. Similarly, certified standing orders which statutorily prescribe the
conditions of service shall be deemed to be incorporated in the contract of employment of
each employee with his employer.

So, from the above precedents, we can say that this standing order is a main realm of labour
law, because it deals with the conditions of employement. It is binding upon both the
employer and employee and is mandatory to form standing order.

Object of the standing order:


 Reduce ambiguity in the working conditions.

Conditions of employement are set up under the standing order before the workmen accepts
the employment, reason behind this is to protect the workmen from any kind of exploitation.
Earlier there were no such clear conditions, due to which employers used to exploit their
workers and workmen doesn’t have any idea that what should accept and what they should
not.

 To maintain uniformity in terms and conditions of employment.


 The rules made in the regard to these conditions is called Standing Orders
 To regulate standards of conduct for both, the employers and employee, so that
relation between both of them can be improved.
 To provide redressal of grievances arising out of employement.
 And standing order provides statutory sanctity to all the above.

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