Matters connected with certification of Standing Orders

Matters connected with certification of Standing Orders and need to display model to the Standing Orders on the notice board to avoid harassment by the Department of labour.

Standing Orders Act 1946 is a central act and applies to all Industrial Establishments employing 100 or more employees.

However, states have been empowered to apply the provisions of the Act to Industrial Establishments, even though they have less than 100 employees. Therefore, the Karnataka Government has amended the Act to apply Standing Orders to Industrial Establishments employing 50 or more employees.

Model to the Standing Orders have been prescribed both by the Centre as well as the States, while the Centre has made comprehensive models particularly in relation to mines.

Acts of indiscipline, insubordination have been more or less comprehensive, whereas, in comparison Karnataka Government model to the Standing Orders does not include sleeping while on duty or smoking on duty, as acts of misconducts.

We wish to draw the attention of the employers to section 12(A) of the Industrial Employment (Standing Orders) Act 1946, which is reproduced here;

12(A) Temporary application of  model standing orders- (1) not withstanding anything contained in section 3 to 12, for the period commencing on the date on which this Act becomes applicable to an Industrial establishment ending with the date on which the standing orders as finally certified under this Act come into operation under section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment and the provisions of section  9, subsection (2) of section 13 and section 13 A shall apply to such model standing orders as they apply to the standing orders so certified.

(2) nothing contained in subsection (1) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the State of Maharashtra.

This is a simple process which if employers were to adopt, they cannot be taken for a ride by the Department of labour, who might issue show cause notice and harass managements, if draft of Standing orders have not been submitted for certification. If the model to the Standing Orders is displayed on the board, the officers of the Department of labour have no authority to harass managements on this score.

We therefore request employers who are employing 50 or more workmen and do not have certified Standing orders to be in touch with us and collect model to the Standing orders made by us to cover short commings and display the same on the notice board to avoid harassment.