Meaning and Definition of Standing Orders
Standing Orders are written rules governing the conditions of employment in industrial establishments. The statutory basis is found in the Industrial Employment (Standing Orders) Act, 1946, which mandates employers to define with sufficient precision the conditions of employment and make them known to workmen. Although the Act does not provide a single-line definition, Section 2(g) explains standing orders as rules relating to matters set out in the Schedule to the Act, such as classification of workmen, attendance, leave, misconduct, and disciplinary action. The object of standing orders is to ensure certainty, uniformity, and transparency in service conditions, thereby reducing disputes and promoting industrial harmony.
Statutory Framework and Scope
Under Section 3 of the Industrial Employment (Standing Orders) Act, 1946, every employer of an industrial establishment to which the Act applies must submit draft standing orders for certification. These draft rules must cover matters specified in the Schedule and conform to the Model Standing Orders framed by the government. Upon certification under Section 5, the standing orders acquire statutory force and become binding on both employer and workmen. Certified standing orders prevail over inconsistent service rules or contracts. This framework ensures that employment conditions are standardized, clear, and legally enforceable.
Legal Importance and Effect
Standing orders play a crucial role in maintaining discipline and fairness at the workplace. Since they have statutory force, any action taken contrary to certified standing orders can be challenged before Labour Courts. Courts have held that standing orders are not mere administrative guidelines but have the force of law. They protect workmen from arbitrary action and guide employers in administering discipline lawfully. By clearly defining rights and obligations, standing orders reduce ambiguity and prevent avoidable industrial disputes, contributing to stable industrial relations.
Real-Time Practical Example
A factory dismisses a worker for alleged misconduct without following the procedure laid down in its certified standing orders. The worker challenges the dismissal before the Labour Court. The court finds that the employer violated the standing orders relating to disciplinary enquiry and sets aside the dismissal. This example shows how certified standing orders regulate employer conduct and protect workmen from arbitrary decisions.
Mnemonic to Remember Standing Orders
Mnemonic: “S.T.A.N.D.”
S – Statutory service rules
T – Terms of employment
A – Applicable to industries
N – Necessary for discipline
D – Defined under 1946 Act
This mnemonic helps recall the essence and legal basis of standing orders during exams.
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