Submitted by: Sarthak Gaur Sem-4, Sec-B Enl. No.-A11911112 No.-A11911112086 086
Submitted to: Mr. Amit Raj Agrawal Asst. Professor Amity Law School, Centre-II Amity University Noida
INTRODUCTION To avoid friction amongst the employers and workmen employed in an industry is the principal aim of Indian Legislation in India. It was considered that the society had a vital interest in the settlement of terms of employment of Industrial Labor and also settlement of Labour problems. Therefore, the steps were taken by the Central Government to enact Industrial Employment (Standing Orders) Act, 1946 with a view to afford protection to the workmen with regard to conditions of employment. There was no uniformity in the conditions of service of workers until this Act was brought.
The demand for statutory service conditions was first raised by Bombay Cotton Textile workers in 1927-28. The Bombay Industrial Disputes Act of 1938 provided, for the first time, for statutory standing orders. The Labour Investigation Committee 1944-46 observed: “ An industrial worker has the right to know the terms & conditions under which he is expected to follow ”.
The Industrial Employment (Standing Orders) Bill, 1946 was passed by the legislature and it received the assent on 23rd April, 1946. It came on the statute book as the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946). •
Definition under the Act (Sec.2) “Standing Orders” mean rules relating to matters set out in the Schedule to the Act
[Sec.2(g)] to be covered and in respect of which the employer has to draft for submission to the Certifying Officer, are matters specified in the Schedule.
Scope and Application The act Extends to the whole of India. To every establishment wherein 100 or more workmen are employed. On any day preceding twelve months. Once applicable to the establishment then it continuous if the no. of workmen employed gets reduced to less than 100. The appropriate Govt. can exempt any establishment from any of the provisions of the Act. It applies to railways, factories, mines, quarries, oil-fields, tramways, motor services, docks, plantations, workshops, civil construction and maintenance works. The Act has 15 sections and a schedule. It applies to all the skilled or unskilled, manual, supervisory, technical, clerical work. The apprentices
are
also
included.
The
persons
employed
mainly
in
a
managerial/administrative/supervisory capacity drawing wages exceeding Rs.1600 are not covered.
Matters to be contained in the Standing Orders
Classification of the workmen : temporary, badly, casual, apprentices, skilled etc
Manner of intimating the workmen tperiods and hours of work, holidays, pay days and wage rates.
Shift working
Attendance and late coming.
Conditions of procedure in applying for and the authority which may grant leave and holidays.
Requirements to enter premises by certain gates and liability to search.
Closing and reopening of sections of the establishments, temporary stoppages of work and right and the liabilities of the employer and workmen arising therefore.
Suspension or dismissal for misconduct Acts and omissions which constitute misconduct.
Means of redressal of workmen against unfair treatment or wrongful extractions by employer or his agents or servants.
Termination of employment and the notice thereof to be given by employer and workmen.
Any other matter which may be prescribed.
Other Important Definitions
Appellate Authority means an authority appointed by the appropriate Government by
notification in the official Gazette to exercise the functions of an appellate authority under this Act: Provided that in relation to an appeal pending before an I ndustrial Court or other authority immediately before the commencement of this Act, the Court or authority shall be deemed to be the appellate authority [Section 2 (a)]
Appropriate Government means in respect of industrial establishments under the
control of Central Government or a Railway Administration or in a major port, mine or oilfield, the Central Government, and in all other cases, the State Government. (Section 2(b))
Certifying Officer means a Labour Commissioner or a Regional Labour Commissioner,
and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act (Section 2(c))
Employer means the owner of an individual establishment to which this act applies and
includes – In a factory, any person named as manager of the factory; In any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf; In any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment (Section 2(d))
Industrial Establishment means-
An industrial establishment as defined in Section 2(ii) of the Payment of Wages Act, 1936, A factory as defined in section 2(m) of the Factories Act, 1948, A railway as defined in Section 2 (4) of the Indian Railways Act, 1890, The establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment employs workmen (Section 2 (e))
Workman means any person employed in any industrial establishment to do any
skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied. [Sec. 2(i)]
BIBLIOGRAPHY
Dr. J.N Pandey, The Constitutional Law of India http://indiaopines.com/a-d-m-jabalpur-shukla-emergency-1975-77/ http://indiankanoon.org/doc/1735815/ http://legal-dictionary.thefreedictionary.com/habeas+corpus http://legal-dictionary.thefreedictionary.com/habeas+corpus