Compulsion for Standing Orders

The Industrial Establishments (standing orders) Act, 1946 was formulated to lay upon employers an obligation to specifically define the conditions of employment as well as convey the same to the employees ⁱ.

As per Section 1 (3) of the Act, it is mandatory for every industrial establishment, which in preceeding 12 months has employed 100 or more worker ⁱⁱ, to frame rules governing conditions of employment of its employees and make them known to employees in form of standing orders.

But where an industrial establishment suddenly comes within the purview of the Act and there are no standing orders in place, the establishment temporarily can apply the State Industrial Employment Model Standing Orders. Again, this applies only till it formulates its own specific orders which necessarily have to be in conformation with the provisions of the Act to get it certified ⁱⁱⁱ.

Reference:
These standing orders as finally certified, shall notably be posted in English or in the language understood by majority of the workers on a special board at or near the entrance that is mainly used by majority of workers.

For industries covered by Bombay Industrial Relations Act, 1946 the requirement is 50 or more workmen. Also the Act does not apply to industrial establishment covered by Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961.

As an industrial establishment comes out with its own standing orders and these orders become operational after expiry of 30 days from certification, or on the expiry of 7 days from authentication of standing orders.

Also Check: Other Legal Aspects