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GROUP MEMBERS

Prachi Pharande

12107A0011

Nivedita Wagh
Pratika Surkar Priyanka Kambli Rinita Malwankar Aparna Manjrekar

12107A0020
12107A0016 12107A0041 12107A0052 12107A0054

DEFINITION

Definition under the Act (Sec.2)

Standing Orders mean rules relating to matters set out in the Schedule to the Act [Sec.2(g)] to be covered and in

respect of which the employer has to draft for submission to


the Certifying Officer, are matters specified in the Schedule.

OBJECTIVES OF THE ACT

To require employers to define the conditions of work To bring about uniformity in terms and conditions of employment To minimize industrial conflicts To foster harmonious relations between employers and employees. To provide statutory sanctity and importance to standing orders

SCOPE AND APPLICATION

Extends to the whole of India Establishment-100 or more workmen are employed On any day preceding twelve months Applicability continuous if the no. of workmen employed gets reduced to less than 100 The appropriate Govt. can exempt any establishment from any of the provisions of the Act

CONTN..

Applies-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.


It applies to all the skilled or unskilled, manual, supervisory, technical, clerical work also apprentices Wages exceeding Rs.1600 are not covered

Procedure for the Approval of Standing Orders

The main provision that deal for the approval of Standing Orders are: Procedure for the submission of Draft Standing Orders

1.

[Section 3].
1.

Procedure for the Conditions for Certification of Standing Orders [Section4]. Procedure for Certification of Standing Orders (Procedure for Adoption) [Section 5]. Appeals [Section 6].

2.

3.

Procedure for the submission of Draft Standing Orders


1.

Within 6 months from the date on which this Act becomes applicable to industrial establishment, the employer shall submit to the Certifying Officer 5 copies of the draft standing orders proposed by him. 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. 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.

2.

3.

Procedure for the Conditions for Certification of Standing Orders


The standing order to be certified by the certifying officer under certain conditions:
1.

If provision is made therein for every matter set out in the schedule which is applicable to the Industrial Establishment; and
If the standing orders are otherwise in conformity with the provision of this Act and it shall be the function of the Certifying Officer or appellate authority to reasonableness of the provision of any standing orders.

2.

Procedure for Certification of Standing Orders (Procedure for Adoption)


1.

The Certifying officer receipt of the draft Standing Orders from the employer shall forward a copy of the draft standing orders to the recognized trade union of the establishment seeking submission of objection to draft standing orders if any. 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. The conditions of employment, which will be binding on the employer and the workmen from the date when they become operational.

2.

3.

Appeal of Standing Orders

Any employer, workmen, trade union or other prescribed representatives of workmen aggrieved by the order of the Certifying Officer may appeal to the appellate authority within 30 days from the date on which copies are to be sent to them. The appellate authority may confirm the standing orders as certified, or may make modifications or additions to render them certifiable and it has to send copies of the same to the concerned person within 7 days of the order[Sec. 7].

Modification of Standing Orders

Standing Order finally certified under the Act shall not, except on agreement between the employers and the workmen or their Trade Union be liable to modification until the expiry of 6 months from the date on which the standing orders came into operation. Subject to the provision 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 5 copies of the modifications proposed to be made.

Certifying Officer

Definition:The certifying officer under standing order

act means Regional Labor Commissioner, Labor Commissioner or other officer appointed by the

appropriate government by the notification in the Official


Gazette, to perform all or any of the functions of certifying officer under Act.

Powers of Certifying Officer:Every Certifying Officer and appellate authority shall have all the powers of Civil Court for he purpose of:
1.
2. 3.

Receiving Evidence,
Administering oaths, Enforcing the attendance of witness, and

4.

Compelling the discovery and production of documents.

Payment of Subsistence Allowance

Where any workmen is suspended by the employer pending investigation or inquiry into complaints or charge of misconduct against him, the employer shall pay to such workmen subsistence allowance: At the rate of 50% of the wages which the employer is entitled to immediately preceding the date of such suspension, for the 90 days of suspension; and At the rate of 70% of such wages for the remaining period of suspension.

a.

b.

Offences and Penalties

An employer fails to submit the draft Standing Orders as required by Section 3 or who modified his standing orders otherwise with sec.10

An employer who does not act in contravention of the standing orders

No persecution for any offence punishable under this

section 13 shall be instituted except with the previous


sanction of the appropriate government.

Model Standing Orders


Classification of Workers Publication of Work Time, Holidays, Pay Days and Wage Rates Shift Working Attendance and Late Coming Leave and Holidays Casual Leave

Payment of Wages
Stoppage of Work Termination of Employment Disciplinary Action for Misconduct Suspension Dismissal Complaints

CASE STUDY

Ss.22-A- Suspension continues after 5 days also. Bombay Dyeing and Manufacturing Co.Ltd Vs Aditya Narayan Shyam Charan Upadhyay 1993 I CLR 77 ( Bom H.C)

Case V.K Verma vs Hindustan Machine Tools


Petitioner filed case Cannot be charge sheeted for absence of duty as wages for the days were deducted The Contention was rejected Deduction of wages was not a measure of penalty In spite deduction petitioner can be charge sheeted for absence or late attendance

P. V.Pujari & Ors. Vs. Municipal Corporation of Greater Bombay 1994

Four workmen were serving with the BEST Undertaking of the Corporation - three of them as conductors and one Mr. P. V.

Pujari as a clerk assaulted another bus conductor Shri B. K.


Nangre.

On the night of 12 November, 1983 Enquiry Officer found them guilty of commission of misconduct under Standing Order 20(i) and 20(r).

FACTORIES ACT 1948

DEFINITION
An act to consolidate and amend the law regulating labour in factories

OBJECTIVES OF THE ACT


To secure safety of the persons To secure health of the persons from hazardous occupation/processes

To ensure protection from hazardous equipment


To ensure sound working environment To ensure welfare of the persons To protect the environment

APPLICABILITY

At any place wherein manufacturing process is carried


The industries in which ten (10) or more than ten workers are employed Persons working therein are not employed by the owner directly

SALIENT FEATURES OF THE ACT

Health Safety

Provisions relating to hazardous processes


Welfare Annual leave with Wages

Penalties & Procedures

TERMINOLOGIES

Manufacturing process Worker Occupier

HEALTH

Cleanliness

Disposal of water & effluents


Ventilation & temperature Dust & fumes

Artificial humidification
Overcrowding Lighting

Drinking Water
Latrines & urinals Spittoons

SAFETY

Fencing of machinery Work on or near machinery in motion Employment of young person on dangerous machines Casing of new machinery Revolving machinery Infrastructure Excessive weights Protection from physical harm & Dangerous materials Power to Certain important information's Maintenance of building Safety offices

Provisions relating to hazardous processes


Constitution of Site Appraisal Committees Compulsory disclosure of information by the occupier Specific responsibility of the occupier in relation to hazardous processes Power of Central Government to appoint Inquiry Committee Emergency standards Workers' participation in safety management Right of workers to warn about imminent danger

Welfare

Washing facilities Sec 42

Facilities for storing & drying clothing Sec 43


Facilities for sitting Sec 44 First-aid appliances Sec 45 Canteens Sec 46 Shelters, rest rooms and lunch rooms Sec 47 Creches Sec 48 Welfare officers Sec 49

Annual leave with Wages

A worker having worked for 240 days @ one day for every 20 days and for a child one day for working of 15 days.

Accumulation of leave for 30 days.

Hours of work

Weekly Hours

Weekly holidays
Compensatory holidays Daily hours

Intervals for rest


Spreadover Night shifts. Extra wages for overtime Further restriction on employment of women

Penalties and procedures

Liability of owner of premises in certain circumstances

Enhanced penalty after previous conviction


Offences by workers

Contd.

Penalty for permitting double employment of child Section 103- Presumption as to employment

Safety issues at Dr Reddy

Case 1-The mishap occurred due to a possible leak of poisonous gas at the Active Pharmaceutical Ingredients (APIs) plant of the Hyderabad-based company at Bollaram on 22ndDecember 2010 Case 2-Two persons were charred to death in a fire at DRLs Bollaram plant on 5th June 2011

Webliography

http://www.indianexpress.com/news/govt-files-case-against-dr-reddyslabs/768016/

http://www.thehindubusinessline.com/companies/case-slapped-on-drreddys-over-fire-deaths-at-bollaram-unit/article2079159.ece
http://articles.timesofindia.indiatimes.com/2011-06-06/indiabusiness/29624955_1_factories-act-casual-workers-safety-issue

http://www.indianexpress.com/news/govt-files-case-against-dr-reddyslabs/768016
http://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND 01.htm

http://dgfasli.nic.in/statutesa.htm

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