Surya Electrial Industries had its own Standing Orders duly approved by the Certifying Authority. After 5 years of its application, the Surya Electrical Industry was acquired by Shashi Electrical Industries. After the ac

CS Professional · Labour Laws & Practice · PYQS · June 2024
Surya Electrial Industries had its own Standing Orders duly approved by the Certifying Authority. After 5 years of its application, the Surya Electrical Industry was acquired by Shashi Electrical Industries. After the acquisition, Shashi Industries desires to enforce its own Standing Orders to the employees of the newly acquired Surya Electrical Industries. (i) Is there any time limit for the applicability of Standing Orders ? State the procedure for its validity.

Answer & Explanation:

Section 3(1) of the Industrial Employment (Standing Orders) Act, 1946 provides that within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in his industrial establishment. Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where model standing orders have been prescribed, shall be, so far as is practicable, in conformity with such model. Further, Section 5 of the Industrial Employment (Standing Orders) Act, 1946 lays down the procedure to be followed by Certifying Officer. On receipt of the draft Standing Order from the employer, the Certifying Officer shall forward a copy thereof to the trade union of the workmen or where there is no trade union, then to the workmen in such manner as may be prescribed, together with a notice requiring objections, if any, which the workmen may desire to make in the draft Standing Orders. These objections are required to be submitted to him within 15 days from the receipt of the notice. On receipt of such objections, he shall provide an opportunity of being heard to the workmen or the employer and will make amendments, if any, required to be made therein and this will render the draft Standing Orders certifiable under the Act and he will certify the same. A copy of the certified Standing Orders will be sent by him to both the employer and the employees association within seven days of the certification. Section 7 of the Industrial Employment (Standing Orders) Act, 1946 stipulates that Standing Orders shall come into operation on the expiry of 30 days from the date on which the authenticated copies are sent to employer and workers representatives or where an appeal has been preferred, they will become effective on the expiry of 7 days from the date on which copies of the order of the appellate authority are sent to employer and workers representatives.

Topics: Industrial Employment (Standing Orders) Act, 1946

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