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GROUP MEMBERS
Prachi Pharande 12107A0011
Nivedita Wagh 12107A0020
Pratika Surkar 12107A0016
Priyanka Kambli 12107A0041
Rinita Malwankar 12107A0052
Aparna Manjrekar 12107A0054
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DEFINITION
Definition under the Act (Sec.2)
StandingOrdersmean 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.
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OBJECTIVES OF THE ACT
To require employers to define the conditions of work
To bring about uniformity in terms and conditions of
employment
To minimize industrial conflicts
To foster harmonious relations between employers andemployees.
To provide statutory sanctity and importance to standing
orders
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SCOPE AND APPLICATION
Extends to the whole of India
Establishment-100 or more workmen are employed
On any day preceding twelve months
Applicability continuous if the no. of workmenemployed gets reduced to less than 100
The appropriate Govt. can exempt any establishmentfrom any of the provisions of the Act
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CONTN..
Applies-railways, factories, mines, quarries, oil-fields,tramways, motor services, docks, plantations,workshops, civil construction and maintenanceworks.
The Act has 15 sections and a schedule.
It applies to all the skilled or unskilled, manual,
supervisory, technical, clerical work also apprentices
Wages exceeding Rs.1600 are not covered
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Procedure for the Approval of
Standing Orders The main provision that deal for the approval of Standing
Orders are:
1. Procedure for the submission of Draft Standing Orders[Section 3].
1. Procedure for the Conditions for Certification of Standing
Orders [Section4].
2. Procedure for Certification of Standing Orders (Procedure
for Adoption) [Section 5].
3. Appeals [Section 6].
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Procedure for the submission of
Draft Standing Orders1. Within 6 months from the date on which this Act becomes
applicable to industrial establishment, the employer shall submit
to the Certifying Officer 5 copies of the draft standing orders
proposed by him.
2. Provision shall have to be made as such every matter set out in
the Schedule which may be applicable to the industrial
establishment and were model standing orders have been
prescribed.
3. Subject to such conditions as may be prescribed, a group ofemployers in similar industrial establishments may submit a join
draft or standing orders under this section.
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Procedure for the Conditions for
Certification of Standing Orders
The standing order to be certified by the certifying officer
under certain conditions:
1. If provision is made therein for every matter set out in
the schedule which is applicable to the Industrial
Establishment; and
2.If the standing orders are otherwise in conformity withthe provision of this Act and it shall be the function of
the Certifying Officer or appellate authority to
reasonableness of the provision of any standing
orders.
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Procedure for Certification of Standing
Orders (Procedure for Adoption)
1. The Certifying officer receipt of the draft Standing Orders
from the employer shall forward a copy of the draft standing
orders to the recognized trade union of the establishment
seeking submission of objection to draft standing orders ifany.
2. The standing orders came into operation on the expiry of 30
days from the date on which the authenticated copies of the
standing orders are forwarded to the employer and theworkmen by the certifying officer.
3. The conditions of employment, which will be binding on the
employer and the workmen from the date when they become
operational.
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Appeal of Standing Orders
Any employer, workmen, trade union or other prescribed
representatives of workmen aggrieved by the order of the
Certifying Officer may appeal to the appellate authority
within 30 days from the date on which copies are to be sent
to them.
The appellate authority may confirm the standing orders as
certified, or may make modifications or additions to render
them certifiable and it has to send copies of the same to the
concerned person within 7 days of the order[Sec. 7].
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Modification of Standing Orders
Standing Order finally certified under the Act shall not,
except on agreement between the employers and the
workmen or their Trade Union be liable to modification until
the expiry of 6 months from the date on which the standing
orders came into operation.
Subject to the provision of sub-section (1), an employer or
workman or a trade union or other representative body of
the workmen may apply to the Certifying Officer to have
the standing orders modified, and such application shall be
accompanied by 5 copies of the modifications proposed to
be made.
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Certifying Officer
Definition:-
The certifying officer under standing order
act means Regional Labor Commissioner, LaborCommissioner or other officer appointed by the
appropriate government by the notification in the Official
Gazette, to perform all or any of the functions of
certifying officer under Act.
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Powers of Certifying Officer:-
Every Certifying Officer and appellate authority shall have
all the powers of Civil Court for he purpose of:
1. Receiving Evidence,
2. Administering oaths,
3. Enforcing the attendance of witness, and
4. Compelling the discovery and production of documents.
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Payment of Subsistence
Allowance Where any workmen is suspended by the employer
pending investigation or inquiry into complaints or
charge of misconduct against him, the employer shall
pay to such workmen subsistence allowance:
a. At the rate of 50% of the wages which the employer is
entitled to immediately preceding the date of such
suspension, for the 90 days of suspension; and
b. At the rate of 70% of such wages for the remaining
period of suspension.
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Offences and Penalties
An employer fails to submit the draft Standing Orders
as required by Section 3 or who modified his standing
orders otherwise with sec.10
An employer who does not act in contravention of the
standing orders
No persecution for any offence punishable under this
section 13 shall be instituted except with the previous
sanction of the appropriate government.
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Model Standing Orders
Classification of Workers
Publication of Work Time, Holidays, Pay Days and Wage Rates
Shift Working
Attendance and Late Coming
Leave and Holidays
Casual Leave
Payment of Wages
Stoppage of Work
Termination of Employment
Disciplinary Action for Misconduct
Suspension
Dismissal
Complaints
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CASE STUDY
Ss.22-A- Suspension continues after 5 days also.
Bombay Dyeing and Manufacturing Co.Ltd
Vs
Aditya Narayan Shyam Charan Upadhyay 1993
I CLR 77 ( Bom H.C)
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Case V.K Verma vs Hindustan
Machine Tools
Petitioner filed caseCannot be charge sheeted for absence
of duty as wages for the days were deducted
The Contention was rejected Deduction of wages was not a measure of penalty
In spite deduction petitioner can be charge sheeted for
absence or late attendance
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P. V.Pujari & Ors. Vs. Municipal
Corporation of Greater Bombay
1994
Four workmen were serving with the BEST Undertaking of the
Corporation - three of them as conductors and one Mr. P. V.
Pujari as a clerk assaultedanother bus conductor Shri B. K.
Nangre.
On the night of 12 November, 1983
Enquiry Officer found them guilty of commission of misconduct
under Standing Order 20(i) and 20(r).
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FACTORIES ACT 1948
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DEFINITION
An act to consolidate and amend the law regulating
labour in factories
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OBJECTIVES OF THE ACT
To secure safety of the persons
To secure health of the persons from hazardousoccupation/processes
To ensure protection from hazardous equipment
To ensure sound working environment
To ensure welfare of the persons
To protect the environment
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APPLICABILITY
At any place wherein manufacturing process is carried
The industries in which ten (10) or more than ten
workers are employed
Persons working therein are not employed by theowner directly
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SALIENT FEATURES OF
THE ACT Health
Safety
Provisions relating to hazardous processes
Welfare
Annual leave with Wages
Penalties & Procedures
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TERMINOLOGIES
Manufacturing process
Worker
Occupier
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HEALTH
Cleanliness
Disposal of water & effluents
Ventilation & temperature
Dust & fumes Artificial humidification
Overcrowding
Lighting Drinking Water
Latrines & urinals
Spittoons
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SAFETY
Fencing of machinery
Work on or near machinery in motion
Employment of young person on dangerous machines
Casing of new machinery Revolving machinery
Infrastructure
Excessive weights
Protection from physical harm & Dangerous materials
Power to Certain important information's
Maintenance of building
Safety offices
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Provisions relating to hazardous
processes
Constitution of Site Appraisal Committees
Compulsory disclosure of information by the occupier
Specific responsibility of the occupier in relation to
hazardous processes
Power of Central Government to appoint Inquiry
Committee
Emergency standards Workers' participation in safety management
Right of workers to warn about imminent danger
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Welfare
Washing facilitiesSec 42
Facilities for storing & drying clothingSec 43
Facilities for sittingSec 44
First-aid appliancesSec 45
CanteensSec 46
Shelters, rest rooms and lunch roomsSec 47
CrechesSec 48
Welfare officersSec 49
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Annual leave with Wages
A worker having worked for 240 days @ one day
for every 20 days and for a child one day for
working of 15 days.
Accumulation of leave for 30 days.
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Hours of work
Weekly Hours
Weekly holidays
Compensatory holidays
Daily hours
Intervals for rest
Spreadover
Night shifts.
Extra wages for overtime
Further restriction on employment of women
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Penalties and procedures
Liability of owner of premises in certain
circumstances
Enhanced penalty after previous conviction
Offences by workers
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Contd.
Penalty for permitting double employment of child
Section 103- Presumption as to employment
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Safety issues at Dr Reddy
Case 1-The mishap occurred due to a possible leak of
poisonous gas at the Active Pharmaceutical Ingredients
(APIs) plant of the Hyderabad-based company at
Bollaram on 22ndDecember 2010
Case 2-Two persons were charred to death in a fire at
DRLs Bollaram plant on 5th
June 2011
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Webliography
http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-
labs/768016/
http://www.thehindubusinessline.com/companies/case-slapped-on-dr-
reddys-over-fire-deaths-at-bollaram-unit/article2079159.ece
http://articles.timesofindia.indiatimes.com/2011-06-06/india-business/29624955_1_factories-act-casual-workers-safety-issue
http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-
labs/768016
http://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htm
http://dgfasli.nic.in/statutesa.htm
http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://dgfasli.nic.in/statutesa.htmhttp://dgfasli.nic.in/statutesa.htmhttp://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.htmhttp://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/768016http://www.indianexpress.com/news/govt-files-case-against-dr-reddys-labs/7680168/14/2019 factories & Standing orders
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