Professional Documents
Culture Documents
Prachi Pharande
12107A0011
Nivedita Wagh
Pratika Surkar Priyanka Kambli Rinita Malwankar Aparna Manjrekar
12107A0020
12107A0016 12107A0041 12107A0052 12107A0054
DEFINITION
Standing Orders mean rules relating to matters set out in the Schedule to the Act [Sec.2(g)] to be covered and in
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
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 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.
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.
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.
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.
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].
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
act means Regional Labor Commissioner, Labor Commissioner or other officer appointed by the
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.
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.
An employer fails to submit the draft Standing Orders as required by Section 3 or who modified his standing orders otherwise with sec.10
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)
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
Four workmen were serving with the BEST Undertaking of the Corporation - three of them as conductors and one Mr. P. V.
On the night of 12 November, 1983 Enquiry Officer found them guilty of commission of misconduct under Standing Order 20(i) and 20(r).
DEFINITION
An act to consolidate and amend the law regulating labour in factories
To secure safety of the persons To secure health of the persons from hazardous occupation/processes
APPLICABILITY
Health Safety
TERMINOLOGIES
HEALTH
Cleanliness
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
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
A worker having worked for 240 days @ one day for every 20 days and for a child one day for working of 15 days.
Hours of work
Weekly Hours
Weekly holidays
Compensatory holidays Daily hours
Contd.
Penalty for permitting double employment of child Section 103- Presumption as to employment
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