Meaning and Concept of Model Standing Orders
Model Standing Orders are standard rules framed by the appropriate government to regulate conditions of employment in industrial establishments. They are provided under the Industrial Employment (Standing Orders) Act, 1946 to serve as a guiding framework where certified standing orders are not yet in force. Though the Act does not define them in a single line, Section 15 empowers the government to frame Model Standing Orders covering matters listed in the Schedule, such as classification of workmen, attendance, leave, misconduct, and disciplinary action. Their primary purpose is to ensure uniformity, clarity, and fairness in service conditions, thereby preventing arbitrary employer practices.
Statutory Basis and Applicability
Model Standing Orders come into operation under Section 12A of the Industrial Employment (Standing Orders) Act, 1946. This section provides that where an employer has not yet certified standing orders, the Model Standing Orders shall automatically apply to the establishment. They act as default service rules and are legally enforceable. Even after certification, Model Standing Orders serve as a benchmark to assess the fairness and reasonableness of certified standing orders. Courts have consistently held that Model Standing Orders have statutory force and are binding on both employer and workmen during the interim period.
Legal Importance and Effect
Model Standing Orders play a crucial role in maintaining industrial discipline and protecting workmen’s rights. Since they have statutory backing, any disciplinary action taken in violation of Model Standing Orders can be challenged before Labour Courts. They prevent exploitation by ensuring minimum uniform standards of employment across industries. By laying down clear rules for misconduct, disciplinary proceedings, and termination, Model Standing Orders reduce ambiguity and industrial disputes. Thus, they act as an essential instrument for promoting industrial harmony and lawful employer conduct.
Real-Time Practical Example
A newly established manufacturing unit employs 150 workers but has not yet framed or certified its own standing orders. In such a case, the Model Standing Orders notified by the government automatically apply. When a worker is suspended for alleged misconduct, the employer must follow the disciplinary procedure laid down in the Model Standing Orders. If the employer fails to do so, the action can be set aside by the Labour Court. This example shows the practical significance of Model Standing Orders.
Mnemonic to Remember Model Standing Orders
Mnemonic: “M.O.D.E.L.”
M – Minimum uniform rules
O – Operative till certification
D – Default service conditions
E – Enforceable by law
L – Laid under 1946 Act
This mnemonic helps recall the meaning and legal effect of Model Standing Orders in exams.
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