M.D.U.

- CPAS
Assignment topic:-

“LABOUR LAW”

Submitted to:-
DR. MEENU MAM
Submitted by:-
Rahul
865
LL.B.(4TH SEM.)
INTRODUCTION
 There was no uniformity in the conditions of service of workers until this
act was brought
 The frequent causes of friction between management &workers in
industrial undertaking in India were mainly, due to absence of clear cut
employment condition known to the workers
 This is why – The Labor investigation committee 1944-46 observed: “An
Industrial worker has the right to know the Terms & condition which he is
expected to follow”
 And consensus of opinion in favor of separate central law making it
obligatory on the part of employer in the country to frame & enforce with
the approval of Govt. – defining the Employment condition.

OBJECT SCOPE & APPLICABILITY

 Object
 To minimize industrial conflict
 To foster harmonious relation between employers & employee
 To require workers to define the condition of workers

 Scope & Applicability

 This Act apply to whole of India
 It applies to every industrial establishment wherein 100 or more
workmen are employed or, were employed on any day of the
preceding 12Month
13- B. Act not apply to certain industrial establishments.
To which the provisions of chapter 7 of the Bombay Industrial Relation Act, 1946
or Madhya Pradesh Industrial Employment (Standing Order) 1961 are applicable
(Section 1)

Definitions
 Certifying officer
it means labor Commissioner who is appointed by the appropriate
Government for the purpose of certifying the S.O
 Appellate Authority
It refers to an authority which is appointed by the Government for the
purpose of seeing to & appeal provided by the employer or any of the
workmen
 Standing Order
the rules pertaining to working of establishments to be submitted by
Employer.

Procedure, Certification, Modification, Appeal

 Within 6 months from due date on which this Act is applicable to an
industrial establishment: the employer of an industrial establishment is
required to submit to the certifying officer five copies of the draft standing
orders proposed to be adopted by him in his industrial establishment
together with the prescribed particulars (form 1) of workmen, employed
and name of trade union if any to which they belong. (section 3)
 On receipt of the draft, the certifying officer shall forward a (Form 2) copy
thereof to the trade union, if any, of the workmen or to the workmen
 requiring objections if any, which the workmen may desire to make to the
draft standing orders to be submitted by him within 15 days from the
receipt of the notice. Then the certifying officer shall decide whether or not
any modification or addition to the draft is necessary to render it
certifiable under the Act and shall make an order in writing.
 The Certifying Officer shall there upon certify the draft standing orders and
shall send within 7 days’ copies of the certified standing orders to the
employer and to the trade union or representative of the workmen.
(Section 5)

Appeal
 Any employer, workman, trade union aggrieved by the order of the
certifying officer, may within 30 days’ appeal to the appellate authority,
whose decision shall be final. (Section 6)
 The appellate authority shall within 7 days of its order send copies to the
certifying officer, to the employer and to the trade union copies of the
standing orders, as certified by it and authenticated in the prescribed
manner. (section 6)
 The appellate authority has no power to set aside the order of the
Certifying Officer. It can confirm or amend the Standing Orders.

Date of Operation of Standing Orders

Standing orders, will unless an appeal is preferred, come into operation on the
expiry of 30 days from the date on which the authenticated copies of the same
are sent or where appeal is preferred, on the expiry of 7 days from the date on
which copies of order of the appellate authority are sent (Section 7)

Register of S.O
  A copy of all standing orders as finally certified under this Act shall be filed
by the Certifying Officer in a register in the prescribed form (form 3)
 it shall furnish a copy of it to any person on payment of the prescribed fees.
(section 8)

Pasting of S.O
 the text of the Standing Orders finally certified shall be prominently pasted
by the employer in English and in language understood by the majority of
the workmen
on special board to be maintained for that purpose at or near the entrance
through which the majority of workmen enter the industrial establishment
(section 9)

When the Standing Orders be Modified

o Under Section 10(1) Standing orders finally certified under this Act shall not
be modified until the expiry of six months from the date on which the
standing order or the last modifications thereof come into operation,
unless the agreement provide otherwise.

Who may apply for Modification

An employer or workmen may apply to the Certifying Officer to have the standing
orders modified. Such application must be accompanied by five copies of the
modification proposed to be made.

Payment of Subsistence Allowance (Section 10-A)

  Where the employer suspends the workman pending investigation or
inquiry into complaint or charges of misconduct against the workman the
subsistence allowance shall be payable:
 At the rate of 50% of the wages which the workman was entitled to
immediately preceding the date of such suspension for the first 90 days of
suspension; and
 At the rate of 75% of such wages for the remaining period of suspension if
the delay in completion of disciplinary proceedings against such workman is
not directly attributable to the conduct of such workman.
 If any dispute arises regarding the subsistence allowance payable to a
workman, it may be referred to the Labour Court constituted under I.D. Act,
1947.

 Every certifying officer shall have all the powers of a Civil

Court (Section 11)

1. Receiving evidence
2. Administering oaths
3. Enforcing the attendance of witness
4. Compelling the discovery and production of documents it shall be
deemed to be a Civil Court

Section 12 – oral evidence in contradiction of Standing order

Section 12 A. – temporary application of Model S.O

Penalties & Procedure (Section 13)

 An employer who fails to submit draft standing orders shall be punishable
with fine which may extend to 5000 rupees and in case of a continuing
 offence with a further fine which may extend to 200 rupees for every day
after the first, during which the offence continues.
 An employer, who does any act in contravention of the standing orders
finally certified under this Act for his industrial establishment.
Shall be punishable with fine which may extend to 100 rupees, in case of
continuing offence with a further fine which may extend to 25 rupees for
every day after the first, during which the offence continues.

Power to Exempt & Delegation of Power (Section 14)

 The appropriate Government may by notification in the Official Gazette
exempt, conditionally or unconditionally, any industrial establishment or
class of industrial establishments from all or any of the provisions of this
Act.

Power to make Rules (Section 15)

Section 15(1) of the Act empowers the appropriate Government to make rules to
carry out the purposes of this Act after previous publication by Notification in the
official Gazette.

a) Prescribe additional matters to be included in the Schedule, and the

procedure to be followed in modifying standing orders certified under this
Act in accordance with any such addition;
b) Set out model standing orders for the purposes of this Act;
c) Prescribe the procedure of Certifying officers and appellate authorities;
d) Prescribe the fee which may be changed for copies of standing orders
entered in the register of standing orders;
e) Provide for any other matter, which is to be or may be prescribed.
Model Standing Order (Schedule)/ Matters to be
covered in S.O

Model Standing Orders

 Classification of workers
 Publication of work time, holidays, pay days and wages 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