Under sub section 4 : And if the group of employers in the similar ind. Act not to apply to certain Industrial establishments Act not to apply to certain Industrial establishments. Modifications of Standing Order shall be done by following similar procedure. Does anyone have any clear idea about the same. Out professional expertise refined with liaisoning and procedural skills makes the cumbersome tasks sail through with ease. Five copies of these should be sent to Certifying Officer for approval.
If the leave asked for is granted, a leave pass shall be issued to the worker. Subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may submit a joint draft of standing orders under this section. Publication of wage rates Notices specifying the rates of wages payable to all classes of workmen and for the classes of work shall be displayed on the said notice boards. Commissioner of Labour in the respective jurisdiction. Application of model standing orders to every industrial establishment. Subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may submit a join draft or standing orders under this section.
In case the employer fails to get his standing orders certified, the respective State Model Standing Orders will become applicable. However, no enquiry shall be necessary to administrator a warning or fine or in case where the concerned workman had admitted the charges, leveled against him. Establishment b The standing orders are conformity with the provisions of this act. Slide 13: After that under sub section 2 the appellate authority shall send copies there of to the certifying officer, to the employer and to the trade union or other prescribed representatives of the workmen within 7 days under section 6 and sub section 1 , accompanied, unless it has confirmed without further modification the amendment which is certified by certifying officer, by copies of the model standing orders together with the amendments. Condition for promotion of workmen. In the earlier Act the benefit was applicable only on attaining the age of superannuation. Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
Permanent workmen affected by such discontinuance or reduction in the number of shifts will be treated in the manner as provided for in the Industrial Dispute Act and Rules thereunder. Requirement to enter premises by certain gates, and liability to search. An employer who does any act in contravention of the standing orders finally certified under this Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues. Payment of wages 1 Any wages, due to the workmen but not paid on the usual pay day on account of their being unclaimed, shall be paid by the employer on an unclaimed wage pay day in each week, which shall be notified on the notice-boards as aforesaid. Provision shall have to be made as such every matter set out in the Schedule which may be applicable to the industrial establishment and were model standing orders have been prescribed.
Casual leave A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. In the sense that unavailed casual leave will lapse at the end of Calendar Year. Published in the gazette of india, part ii, section 3, subsection i , vide number g. Modifications of Standing Order shall be done by following similar procedure. The appellate authority shall, within seven days of its order under sub-section 1 , send copies thereof of the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying Officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner. The employer should required to define with sufficient precision the conditions of employment under them and to make such condition known to workmen employed by them. Certification of Standing Orders Conditions of Employment may be made to the certifying officer, i.
Fourthly, for maintaining industrial peace and continued productivity, the significance of the express written conditions of employment cannot be minimised or exaggerated. Enforcing the attendance of witness, and4. Certified standing orders become part of the statutory and not contractual terms and conditions of service and are binding on both the employer and the employees Derby Textiles Ltd. The standing orders came into operation on the expiry of 30 days from the date on which the authenticated copies of the standing orders are forwarded to the employer and the workmen by the certifying officer. Such leave shall not be for more than three days at a time except in case of sickness. After the period of two years the request of the workman to rectify his date of birth or age will not be considered. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power.
Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants. Conditions of, procedure in applying for, and the authority which may grant, leave and holidays. Additional matters to be provided in the standing orders relating to all industrial establishments in coal mines c. In Section 1 3 the certifying authority is Dy. It is 50% of Rs. Slide 18: Under sub section 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 within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall decide the dispute , after giving the parties an opportunity of being heard, and such decision shall be final and binding on the parties Penalties and offences : Penalties and offences Under section 13Under sub section 1 An employer who fails to submit draft standing orders as required by Section 3 or who modifies his standing orders not in accordance with Section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues. This amendment is notified vide Central Government Notification No.
Slide 15: Under sub section 2 : Subject to the provisions of sub-section 1 , an employer or workman or a trade union or other representative body of the workmen may apply to the Certifying Officer to have the standing orders modified, and such application shall be accompanied by five copies of the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen or a trade union or other representative body of the workmen, and a certified copy of that agreement shall be filed along with the application. Closing and re-opening of sections of the industrial establishments, and temporary stoppages of work and the right and liabilities of the employer and workmen arising therefrom. Certifying Officers and appellate authorities to have powers of Civil Court. Standing order should be displayed in English and local language on special notice boards at or near entrance of the establishment. But no grace time shall be allowed during mid shift break.
Which of the following is an additional matter to be provided as per the act relating to all industrial establishments in coal mines? If the leave asked for is refused or postponed, the fact of such refusal or postponement, and the reasons thereof shall be informed to the said workman and recorded in writing in the Register to be maintained for the purpose. The workmen concerned shall also be notified by a general notice, prior to resumption of work, as to when work will be resumed. The Management can terminate the training period of a trainee without as signing any reason whatsoever. Procedure for certification of standing order : Procedure for certification of standing order The Certifying Officer will inform the Union and workmen and hear their objections. Below shown sample pictures are of the Standing Orders of the Honourable High Court. Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates. And Under sub section 4 Nothing contained in sub-section 2 shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.