Meaning and Concept of Standing Orders
Standing Orders are written rules governing the conditions of employment in industrial establishments. They are provided under the Industrial Employment (Standing Orders) Act, 1946, which aims to bring uniformity, clarity, and certainty in service conditions of workmen. According to Section 2(g) of the Act, standing orders mean rules relating to matters set out in the Schedule to the Act, such as classification of workmen, working hours, leave, misconduct, and disciplinary procedures. The primary objective of standing orders is to eliminate arbitrariness in employment conditions and ensure that workmen are aware of their rights and obligations. By legally mandating clearly defined service rules, standing orders promote industrial discipline and reduce disputes between employers and employees.
Certification and Procedure of Standing Orders
The procedure for certification of standing orders is laid down under Sections 3 to 7 of the Industrial Employment (Standing Orders) Act, 1946. Every employer of an industrial establishment employing 100 or more workmen is required to submit draft standing orders to the Certifying Officer. These draft rules must cover all matters specified in the Schedule of the Act. Under Section 4, the Certifying Officer ensures that the standing orders are fair, reasonable, and in conformity with the Act. Both employers and workmen are given an opportunity to raise objections. Once certified, the standing orders become binding on both parties. The Act also provides for modification of standing orders under Section 10, ensuring flexibility when circumstances change.
Legal Effect and Importance
Certified standing orders have statutory force and prevail over inconsistent terms in individual contracts of employment. Courts have consistently held that standing orders are binding and enforceable. In Express Newspapers (P) Ltd. v. Union of India, the Supreme Court emphasized the importance of standing orders in regulating service conditions and maintaining industrial discipline. Standing orders provide transparency, reduce conflicts, and prevent arbitrary disciplinary action. They also serve as a reference point in resolving industrial disputes related to service matters. Thus, standing orders play a crucial role in promoting fair labour practices and maintaining industrial harmony.
Real-Time Practical Example
A large manufacturing company employing over 500 workers drafts standing orders covering work shifts, attendance rules, leave policy, misconduct, and disciplinary procedures. These draft standing orders are submitted to the Certifying Officer and, after hearing objections from workers’ representatives, are certified. Once certified, the employer cannot dismiss a worker without following the disciplinary procedure laid down in the standing orders. If the employer violates these rules, the worker can challenge the action before a labour authority. This example shows how standing orders protect workmen from arbitrary treatment and ensure fairness at the workplace.
Mnemonic to Remember Standing Orders
Mnemonic: “S.T.A.N.D”
S – Service conditions
T – Transparency in rules
A – Applicable to industrial establishments
N – No arbitrariness
D – Discipline and disputes control
This mnemonic helps recall the meaning, purpose, and importance of standing orders during exams.
About lawgnan
Concepts like Standing Orders are scoring topics in OU LLB Labour Law-I when explained with proper sections and clarity. For exam-oriented notes, simplified explanations, case laws, mnemonics, and model answers, visit lawgana.in. LawGana is designed for Indian law students who want structured legal content without confusion. From Industrial Disputes Act to Standing Orders and Trade Union law, LawGana helps you prepare smarter and write better answers in exams. Follow lawgana.in today and strengthen your labour law preparation with confidence.
